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Fourth Circuit Favors Rule 52 Over Summary Judgment for Resolving ERISA Benefit Disputes
Kantor & Kantor 
Dec. 21, 2022 "The Fourth Circuit concluded that summary judgment procedures are typically improper in ERISA benefit cases because summary judgment can only be granted in the absence of disputed issues of material fact. The court observed that this is rarely the case ... [T]he Fourth Circuit [explained] that its prior decisions only indicated that it reviewed legal conclusions de novo, not factual findings." [Tekmen v. Reliance Standard Life Ins. Co., No. 20-1510 (4th Cir. Dec. 16, 2022)] |
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