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Tag Archives: arbitrary & capricious review

jvtucker2016

Lower Court Uses Wrong ERISA Standard – Appeals Court Reverses and Orders De Novo Review

Think of ERISA Standards of Review like colored lenses – which color the Judge has to use changes how the court must view the facts. When someone is denied benefits under an employer’s group insurance plan, a court that reviews that decision has to decide which standard of review it has to apply to the […]

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