Category: Abuse of Disgression

Baby Steps: Two Recent Court of Appeal Decisions Move Deferential Judicial Analysis for ERISA Cases in the Right Direction

I used to tell clients that, if their case is subject to ERISA’s absurd abuse-of-discretion, insurer-can’t-lose burden of proof (I refuse to call it “standard of review” as many do, ‘cause that’s bogus imo) they need to win the ball game 10-0; if they only win 9-1 then they lose. That’s because many courts effectively [..]

Read More