Loren D. Stark Company
Randall & Hurley, Inc.
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|Ninth Circuit: Administrator of Self-Funded Plan Had Apparent Conflict, So Court Seeks Probative, Material Evidence (PDF)|
U.S. Court of Appeals for the Ninth Circuit, via FindLaw
July 23, 2002
Nord v. The Black & Decker Disability Plan, No. 00-55689 (9th Cir. Jul. 15, 2002). Excerpt: First, we must determine whether the affected beneficiary has provided material, probative evidence, beyond the mere fact of the apparent conflict, tending to show that the fiduciary's self-interest caused a breach ... [I]f the beneficiary has made the required showing, the principles of trust law require us to act very skeptically in deferring to the discretion of an administrator who appears to have committed a breach ...
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