Much of the federal litigation brought pursuant to the Employee Retirement and Income Security Act of 1974 (“ERISA”) involves efforts by the beneficiaries of ERISA-regulated employee benefit plans to overturn
ERISA Deference: No Exceptions
With its 2010 decision of <i>Conkright v. Frommert</i>, the Supreme Court has once again opted to resist a proposed carve-out to the general rule of deference to ERISA plan administrators — this time in situations where an administrator's first attempt to construe an ERISA plan has been held by the reviewing court to be unreasonable.
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