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The Full Fifth Circuit Will Re-Visit the Standard of Review in Denial of Benefits Cases
Jackson Lewis P.C. July 13, 2017 "[It] is not the least bit surprising that the Fifth Circuit has decided to re-examine the standard of review it applies in ERISA denial of benefits cases. And it is probably not too difficult to guess that the Court, en banc, will reverse Pierre, and align with other circuits holding that a de novo review is called for when reviewing decisions made by retirement and health plans[.]" |
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