Wednesday, July 23rd, 2008...12:47 pm
9th Cir: Discovery of Evidence of Conflict of Interest in ERISA Cases
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The 9th Circuit has reversed a District Court’s refusal to permit discovery directed toward an ERISA plan administrator’s conflict of interest without a showing of “need.”
In an unpublished decision, the panel held that Metropolitan Life Ins. Co. v. Glenn, 128 S.Ct. 2343 (2008), lowered the threshold for discovery of evidence of an administrator’s potential conflicts.
Wilcox v. Wells Fargo and Company LTD Plan, 2008 WL _____ (9th Cir. July 23, 2008(unpub.)
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