Judge Oldham Writes Concurring Decision Questioning the Fifth Circuit’s Deferential Standard of Review for ERISA Cases

Published by The Pellegrin Firm November 1, 2021

Judge Oldham argues that the Fifth Circuit has strayed from the Supreme Court’s instructions, and that law, logic, and history cannot square the legislative purposes of ERISA with the Fifth Circuit’s deferential review of benefit determinations (at least those in which the plan gives discretionary authority to the claim administrator).