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 &mdash; 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.

18 minute read October 11, 2010 at 10:28 AM
By
Joseph Geoghegan And Dennis O. Brown
ERISA Deference: No Exceptions

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 benefits decisions of the plans' administrators.

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