By: Joseph P. Yonadi, Jr. and Nancy R. Chawla
Last month, the Ninth Circuit dealt a blow to discretionary clauses contained within ERISA plans when it held that a California statutory provision that banned discretionary clauses was not preempted by ERISA. Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan (9th Cir. May 11, 2017).
Almost three decades ago, the U.S. Supreme Court created the rule that a de novo standard of review should apply to a denial […]