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Comments: En Banc 9th Sets New Conflict Approach for Review Standard
Blogging Employee Benefits 
Aug. 16, 2006
Excerpt: Requiring ERISA plan participants to present material, probative evidence of plan administrator conflict of interest unreasonably shifts the burden of proof, according to an en banc 9th Circuit ruling, reversing a previous 9th panel's decision and rejecting the conflict approach that had been established in the 9th's own 1995 Atwood ruling. [Abatie v. Alta Health & Life Insurance Company, 03-55601]
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