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Fourth Circuit Disability Ruling Shows ERISA Procedure Flaw
DeBofsky Law Link to more items from this source
[Opinion]
Jan. 5, 2023

"Under Rule 56,[3] summary judgment is permitted only 'if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.' Several courts have modified that rule in ERISA litigation; however, ... the U.S. Court of Appeals for the Fourth Circuit pointed out last month how summary judgment has been misused in ERISA litigation and rejected the approach taken by other circuit courts of appeal." [Tekmen v. Reliance Standard Life Ins. Co., No. 20-1510 (4th Cir. Dec. 16, 2022)]

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