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Ninth Circuit Clarifies De Novo Review Standard and Newly-Raised Arguments in ERISA Litigation
Seyfarth Link to more items from this source
Jan. 20, 2023

"In matters that go to litigation, the Ninth Circuit held that a district court may not rely on rationales that the plan administrator did not raise as grounds for denying a claim for benefits. By failing to make arguments during the administrative process, but raising them for the first time at litigation, this can be found to be a violation of the 'full and fair review' afforded by ERISA." [Collier v. Lincoln Life Assurance Company of Boston, No. 21-55465 (9th Cir. Nov. 21, 2022)]

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