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American Benefits Council Amicus Brief to Fifth Circuit Addressing District Court Standard of Judicial Review for Benefit Claim
American Benefits Council Link to more items from this source
[Opinion]
Dec. 1, 2022

"The Council submits this brief to help explain the importance of maintaining the well-established standards governing limited and deferential judicial review of benefit determinations by plan administrators vested with discretion to resolve questions regarding eligibility for benefits. In this case, the district court failed to provide the required deference to the determination made by the Retirement Board, as plan administrator, that Plaintiff was not entitled to reclassification to a higher level of benefits.... Additionally, instead of sticking to the administrative record, the district court permitted extensive discovery, including deposition of two Board members, and held a six-day trial." [Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan, No. 20-1277 (N.D. Tex. Jun. 21, 2022, on appeal to 5th Cir. No. 22-10710)]

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