Labor/Employment
May 5, 2010
Deferential Standard of Review in ERISA Cases Clarified
Robert McKennon of McKennon|Schindler examines the federal courts struggle over how to apply the deferential standard of review to actions taken by ERISA plan administrators.
The federal courts have for a long time struggled with how to apply the deferential standard of review to actions taken by ERISA plan administrators in light of the U.S. Supreme Court holding in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989). Firestone held that an ERISA plan administrator with discretionary authority to interpret a plan is entitled to deference in exercising that discretion. Courts have ...
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