Perspective
Dec. 3, 2010
In ERISA Cases, The Standard Of Review Really Does Matter
In ERISA cases, the scope of review warrants careful attention. By Robert J. McKennon and M. Scott Koller of McKennon|Schindler.
Litigation pursuant to the Employee Retirement Income Security Act (ERISA) is rather unique. Unlike most cases, ERISA disputes are based on a limited scope of permissible evidence. The range of that scope is ultimately dependent on which standard of review is employed by the courts. Typically, when the standard of review is abuse of discretion, the scope of admissible evidence is limited to what was before the claims admini...
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