Monthly Archives: September 2010

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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