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The Ever-Evolving Standard of Review in ERISA Health and Disability LitigationAmerican Bar Association Joint Committee on Employee Benefits [JCEB] |
Oct. 19, 2022 Recorded Online Webinar |
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. |