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Fifth Circuit Joins Sister Circuits by Overruling Default Deferential Standard of Review
Robinson + Cole LLP Apr. 11, 2018
"The Fifth Circuit provided several grounds for its decision to overrule [its quarter century-old holding in Pierre v. Connecticut General Life Insurance Company], including the fact that no other circuit agreed with its interpretation of Firestone. It also rejected as misplaced Pierre's reliance on trust law and its analogies to the deference afforded to agency decisions and the factual findings of district courts to support its interpretation of Firestone." [Ariana M. v. Humana Health Plan of Texas, Inc., No. 16-20174 (5th Cir. Mar. 1, 2018)]
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