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Compass
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Bates & Company, Inc.
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The Latest Uncertainty in Benefit Claim Litigation ? The Proper Scope of Conflict Discovery After Glenn (PDF)
Proskauer Rose LLP [Opinion] May 7, 2010
Pages 7-10 of 17 pages. Excerpt: Proskauer's Perspective: We would not quibble with the notion that some limited discovery into conflict considerations may be warranted in some circumstances after Glenn. But we are concerned with how far some courts have gone. They seem to have forgotten that individual benefit claims are, in many respects, like administrative review proceedings and that, to treat them like full-blown federal court litigation for discovery purposes undercuts ERISA's goal of resolving such claims inexpensively and expeditiously.
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