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Supreme Court to Clarify ERISA Plan Standards of Review
McGuireWoods [Guidance Overview] Aug. 18, 2009
Excerpt: The U.S. Supreme Court has agreed to review the decision of the Second Circuit Court of Appeals in Frommert v. Conkright, 535 F.3d 111 (2d Cir. 2008). At issue is the degree of deference courts should accord the decision of the administrator of a plan subject to ERISA that is made outside the context of an administrative claim for benefits. The Supreme Court will also consider what standard an appellate court should use in reviewing a lower court's interpretation of an ERISA plan's terms. The case will be argued during the Supreme Court's upcoming October term.
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