Excerpt: Based on a 'balanc[ing]' of perceived policy considerations, ... Quan replaces ERISA's statutory 'prudence' standard of care with a conflicting, judicially-created 'abuse of discretion' standard.... Such an unjustified creation of federal common law contradicts ERISA's plain statutory language and purposes, and contravenes controlling Supreme Court and Ninth Circuit precedent that delimit the courts' authority to make federal common law.