Category Archives: Abuse of Discretion

Court Awards ERISA Plaintiff Attorney Fees – Case Settled After Suit Filed

ERISA (Employee Retirement Income Security Act of 1974) provides that “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” In a 2010 case, the Supreme Court held that a party does not need to be a “prevailing party” (usually thought of as the party who won […]

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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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CALIFORNIA COURT FINDS METLIFE ARBITRARY AND CAPRICIOUS

In a decision handed down yesterday, Judge Vaughn Walker of the United States District Court for the Northern District of California granted judgment to a disabled employee whose benefits had been terminated.  Nolan v. Heald College, No. C 05-3399 (ND CA 8/27/2010). The court found that MetLife operated under a conflict of interest in that […]

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