Category Archives: Discovery

Issues of Discovery in ERISA cases. Includes discovery of information leading to inference of peer review bias, bias in selection of peer reviewers, examining physician bias, and evidence of employee compensation, incentives, etc.

Book Review: ERISA Benefits Litigation Answer Book 2013

I recently received an inquiry from the Practicing Law Institute asking whether I would be interested in reviewing a new book, ERISA Benefits Litigation Answer Book 2013, by Craig C. Martin and Amanda S. Amert. I googled the authors and discovered that they are partners at Jenner & Block, a firm of approximately 450 lawyers. […]

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Discovery in DeNovo Cases?

As most readers here know, the great advantage that ERISA insurers enjoy is that they control the information in the record, and the court can only reverse their determinations if the insurer (plan administrator) is arbitrary.  Another way of saying the same thing is that the decision of the plan administrator is entitled to great […]

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The Tenth Circuit clarifies appropriate discovery standard Post Glenn

The Tenth Circuit Court of Appeals issued an opinion on Wednesday that it announced “ . . . should clarify the appropriate standard for discovery related to a dual role conflict of interest” in ERISA cases. Murphy v. Deloitte & Touche Group Ins. Plan, 2010 U.S. App. LEXIS 18752 (10th Cir. N.M. Sept. 8, 2010). The court noted that its Post Glen instructions to the district courts require them to assess the role that the plan administrator’s conflict of interest played in the decision making process, and that those instructions seem “. . . incompatible with a flat prohibition on extra-record discovery and supplementation.” Without some discovery a claimant might not have the access to the information to show the seriousness of the conflict of interest and the role it played in the decision making process.

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Court Orders Discovery of Sun Life Employee Records

Missouri Federal Court orders Sun Life to produce employee records of claims handlers in an ERISA disability case.

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