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Second Circuit Makes It Tough to Appeal District Court's ERISA Remand Order
Lane Powell PC Link to more items from this source
Sept. 19, 2014
"Issue: Whether an order remanding the claim to the ERISA administrator constitutes a 'final decision' from which an appeal may be taken? 2nd Circuit held: NO.... Remand decisions are not 'immediately appealable.'... [The court said,] 'Taking into consideration our prior case law and the various analytical approaches used by our sister circuits, we now hold that remands to ERISA plan administrators are not ' final' because in the ordinary case, they contemplate further proceedings by the plan administrator.... We decline, however, to adopt a hard and fast rule that such orders are never immediately appealable[.]'" [Mead v. Reliastar Life Insurance Company, No. 11-192-cv (2d Cir. Sept. 16, 2014)]

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