California Insurance Litigation Blog

California Insurance Litigation Blog

Category Archives: De Novo Review

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In ERISA Cases, The Standard of Review Really Does Matter

Posted in Abuse of Discretion, De Novo Review, ERISA, Standard of Review
The Thursday December 1, 2010 edition of the Los Angeles Daily Journal featured the article co-written by Robert J. McKennon and M. Scott Koller, entitled “In ERISA Cases, The Standard of Review Really Does Matter,” in the Perspective column. It explains why it is important to identify and appropriately utilize the Standard of Review in ERISA cases.  The article is posted below with … Continue Reading

ERISA Claimant Retains Burden of Proof For Establishing Disability Under a De Novo Standard of Review

Posted in Abuse of Discretion, Case Updates, De Novo Review, ERISA
The question of who has the burden of proof can often decide the outcome of litigation.  Given its importance, it is common to see litigants attempt to shift that burden to the opposing side in order to secure a tactical advantage.  Recently, in Muniz v. Amec Construction Management Inc., __ F.3d __, 2010 WL 4227877 … Continue Reading

Under ERISA , Procedural Deficiencies Not Considered When the Standard of Review is De Novo

Posted in Abuse of Discretion, Case Updates, De Novo Review, Disability Insurance, ERISA
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, … Continue Reading