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Text of Federal District Court Opinion: 'Procedural Irregularities' Are Insufficient to Overcome Abuse of Discretion Standard of Review (PDF)
U.S. District Court for the Northern District of Texas Link to more items from this source
Jan. 15, 2014
"It is undisputed that Prudential failed to notify Plaintiff of its decision to uphold its denial of benefits within 45 days of receipt of Plaintiff 's request for review.... Nevertheless, the Court finds that Prudential substantially complied with the procedural requirements of ERISA as a whole... That Prudential failed to send this to Plaintiff within 45 days is no doubt troubling, but it does not undermine the Court's view that the parties enjoyed a significant exchange overall... Accordingly, the Court finds no reason to abandon the abuse of discretion standard. This does not mean, however, that the Court will disregard Prudential's transgression. The Court will consider this 'procedural irregularity' in its overall analysis of whether Prudential abused its discretion." [Steward v. Prudential, NO. 3:12-CV-3844-B (N.D.Tx. Jan. 10, 2014)]

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