Monday, June 16th, 2008...12:22 pm
9th Cir: Obnebulated?
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In the course of criticizing a District Court’s review standard for an ERISA decision, a 9th Circuit panel stated:
That construction of the standard was plainly wrong, obnebulated the whole process, and failed to constitute “an independent and thorough inspection of [the] administrator’s decision.”
Ermovick v. Mitchell Silberberg and Knupp LLP Long Term Disability for All Employees, 2008 WL 2415728 (9th Cir. June 16, 2008)(unpub.)
“Obnebulate” means “to becloud or befog.”
The panel included Pregerson, D. W. Nelson, and Fernandez. The unnamed author may be Fernandez (the Bruce Selya of the Ninth?), who also trotted out the word “slubby” in an earlier opinion.
Update: This is the first use of “obnebulate” in any federal opinion in WESTLAW.
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