"Although ... the judges tweaked their opinion regarding the application of Firestone deference, the opinion remains effectively unchanged.... The judges have backed down from their very broad decision that Firestone deference to a plan administrator applies equally when violations of fiduciary duties under ERISA sections 404 and 502(a)(2) have been alleged, as when a benefits claim is filed under section 502(a)(1)(B). Instead, they now attempt to harmonize their finding that Edison is entitled to deference with cases such as the John Blair decision from the 2nd Circuit, by arguing that John Blair rejected Firestone deference only when a plan administrator is attempting to replace the prudent man standard under ERISA section 404(a)(1)(B) with the plan interpretation provision under 404(a)(1)(D)." [Tibble v. Edison International, No. 10-56406 (9th Cir. Aug. 1, 2013)]

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