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How Discovery Is Evolving in ERISA Benefits Litigation
DeBofsky Sherman Casciari Reynolds P.C. Link to more items from this source
[Opinion]
July 2, 2020

"While the availability of discovery in ERISA cases has definitely expanded; and the trend continues in support of allowing discovery, the reason there are no uniform rules is that there was never any legitimate basis for curtailing discovery in the first place since the analogy to administrative law was misplaced. ERISA claimants lack the same due process protections afforded in administrative proceedings since claim appeals are no substitute for hearings before administrative law judges."

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