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A Uniform Standard of Review in ERISA Benefit Denial Cases: The Fifth Circuit Overrules Itself to Fall in Line with Other Courts
Littler 
Mar. 19, 2018 "In its decision, the Fifth Circuit ... noted that Firestone could be read to articulate a general standard of review, regardless of whether the denial was based in facts or in an interpretation of the plan language. It also determined that Pierre's reliance on an apparent distinction between the standard of review of a trustee's legal versus factual decisions could not withstand scrutiny." [Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Mar. 1, 2018)] MORE >> |
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