A 90-minute TeleConference/Live Audio Webcast
THURSDAY, JULY 10, 2008
1:00 pm - 2:30 pm ET / 12:00 pm - 1:30 pm CT / 11:00 am -12:30 pm MT / 10:00 am - 11:30 am PT
Ronald G. Dean, Ronald Dean, A Law Corporation, Pacific Palisades, CA
Elizabeth Hopkins, Counsel for Appellate and Special Litigation, U.S. Department of Labor, Washington, DC
Bob Eccles, O’Melveny & Myers LLP, Washington, DC
Ted Sichelman, Kauffman Foundation Research Fellow, University of California (Boalt Hall) School of Law, Berkeley, CA
In MetLife V. Glenn, decided June 19, the Supreme Court revamped judicial review of benefits decisions under ERISA plans, holding that a “dual role” administrator that both decides claims and pays benefits has a conflict of interest that must be considered in judicial review of its decisions, but leaving the “how” of this consideration largely undefined. A panel of experts, all involved in the briefing before the Supreme Court, will analyze the effect of MetLife on the existing standards developed by the lower courts and the future of benefits claim litigation. Topics that will be address include the following:
- How will the decision affect the differentstandards adopted by variousCircuits?
- What “factors,” in addition to conflict, are important to the mix?
- Is do novo review ever available where a plan confers discretion on its administrator?
- Will MetLife expand participants’ rights to discovery?
- What is the impact of MetLife on some states’ efforts to ban discretion-granting clauses in insurance policies?
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