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Note

Giving Deference to Inaction: How Geddes v. United Staffing Alliance Employee Medical Plan Compromised an Employee's Right to Meaningful Review Under ERISA

Author: Erin Nave (Washington University School of Law)

  • Giving Deference to Inaction: How Geddes v. United Staffing Alliance Employee Medical Plan Compromised an Employee's Right to Meaningful Review Under ERISA

    Note

    Giving Deference to Inaction: How Geddes v. United Staffing Alliance Employee Medical Plan Compromised an Employee's Right to Meaningful Review Under ERISA

    Author:

Abstract

This Note proposes that the arbitrary and capricious standard of review should be eliminated in favor of a de novo standard of review in all benefits denial cases.

Keywords: Judicial review, Employee fringe benefits, Employee benefits, Judicial discretion, Employee Retirement Income Security Act of 1974, Geddes v. United Staffing Alliance Employee Medical Plan

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Published on
2009-01-01