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Andrew L. Oringer in Pension and Benefits Blog by Bloomberg BNA
Apr. 5, 2014
"The approach has been to look for a presumption that emerges from the overall statutory scheme -- a la Moensch. Looking at the oral argument, it's not impossible to discern possible hostility on the part of the Court to a presumption that isn't expressly in the statutory language.... [T]he Moench presumption, which requires the uncovering of a presumption that is not expressly legislated, may not be the only way to get to a result that may indeed be the right one under ERISA." [Fifth Third Bancorp v. Dudenhoeffer, argued Apr. 2, 2014]
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