Blogging Employee Benefits

January 23, 2006

Reliance on Arbitrary and Capricious Standard Stands

Filed under: Litigation — Fuguerre @ 5:57 pm

Our response to these claims is deservedly succinct.

Should I then be any less so? Any question about the proper standard for review of denial of early retirement benefits under his company’s pension plan was waived by the participant when the court’s decision was rendered using the very arbitrary-and-capricious standard the participant had asked the court to apply. [Randolph v. General Motors Corporation, CA6, No. 04-4498, 1/20/06]

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