Browsing All posts tagged under »conflict of interest«

“Extra-Extra!!! Wall Street Reform Harms ERISA Plans!”

December 8, 2010

0

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) was passed to “promote the financial stability of the United States” and to protect consumers from “abusive financial services practices.”[1] It will bring unprecedented change to the securities and derivative investments markets.  It will also negatively impact participants of employee benefit plans subject […]

Glenn and Administrative Law: Is there Substantial Evidence in the Claim File?

December 21, 2009

0

The court in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) (“Firestone”) held that where a plan vests discretion in the plan administrator, courts will not review decisions under a de novo standard but rather will afford broad deference to the administrative record.  The court also opined, however, that where an administrator […]

Glenn and the Ninth Circuit Slam Dunk

December 19, 2009

0

Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) (“Firestone”) provided employee benefit plan administrators with a powerful cloak of protective deference, so long as they have been granted discretion.[1] Twenty years later, the court in MetLife Insurance Co. v. Glenn, 128 S. Ct. 2343 (2008) (“Glenn”)  instructed courts to nevertheless remain cognizant of […]

Glenn and the Gravity of the Seventh Circuit

December 12, 2009

0

The Supreme Court decision in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) (“Firestone”) allows  decisions made by employee benefit plan administrators who have been granted discretion to to determine eligibility, interpret plan terms, or both, to enjoy great deference by a reviewing court.[1] MetLife Ins. Co. v. Glenn, 128 S. Ct. […]

This is Justice Scalia’s Brain on Glenn

November 14, 2009

0

MetLife Ins. Co. v. Glenn, 128 S. Ct. 2343 (2008) (“Glenn”), the landmark Supreme Court decision giving explanation on Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) (“Firestone”), warned providers who act both as decider of entitlement and payor of benefits that their conflict will be weighed to identify abuses.  Recall that […]