Mark D. DeBofsky is to speak at The Ever-Evolving Standard of Review in ERISA Health and Disability Litigation hosted by the American Bar Association (ABA).

Many states have shifted to a de novo standard of review in ERISA cases due to state-passed legislation. But do courts truly take a “de novo” review of the record, with no deference to the plan administrator’s decision? In other states, the “abuse of discretion” standard of review is still the norm. Yet judges frequently express frustration with the handcuffs of that standard of review, and seek to find ways to rule without abject deference to a plan administrator.

The panelists will discuss trends in the discreet – yet frequently outcome-determinative- issue of the standard of review in ERISA benefit claims cases, and will forecast likely litigation outcomes based on its ever-evolving nature.

The event details are below:

WEDNESDAY, OCTOBER 19, 2022
1:00 – 2:00 P.M ET
VIRTUALLY VIA ZOOM
(LINK IN CONFIRMATION EMAIL AFTER REGISTRATION)

The conference will take place via Zoom. A link to the conference will be sent in the confirmation email after you register.

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