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Fifth Circuit Widens Split on Firestone, Reviews Fiduciary Breach Claim De Novo
Bloomberg BNA 
Apr. 22, 2014
"Despite finding no fiduciary breach in a plan trustee's decision to pay legal fees with plan assets, the court rejected the trustee's argument that his actions were entitled to deferential judicial review under [Firestone] ... In a footnote, the court explained that Firestone applied only to benefit denials and didn't govern suits for fiduciary breach. This issue -- the extent to which Firestone deference applies outside of the context of benefit denials -- has split the circuits and may be headed for the U.S. Supreme Court." [Futral v. Chastant, No. 13-30856 (5th Cir. Apr. 18, 2014)]
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