Legal Opinion
Silver v. Executive Car Leasing Long-Term Disability Plan
Court of Appeals for the Ninth Circuit
Decided August 7, 2006No. 04-55747PublishedCited by 52 opinions
1Opinion of the Court
ORDER
The opinion filed August 7, 2006 at slip op. 8907 [457 F.3d 982] is amended as follows:
The final paragraph of the Standard of Review Section at slip op. 8918-19 [457 F.3d at 988] is deleted and replaced by the following:
We note that scrutiny is especially warranted when, after conducting de novo review of a decision by an ERISA plan administrator, a district court adopts verbatim the administrator’s proposed factual findings and legal conclusions. We have previously emphasized that, when they conduct de novo review, district courts have a responsibility under the ERISA framework to…
2Cases cited12 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
- Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
- Max W. Perry v. Simplicity Engineering, a Division of Lukens General Industries, Inc., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Management, Inc.Court of Appeals for the Ninth Circuit · 2010
- Metavante Corp. v. Emigrant Savings BankCourt of Appeals for the Seventh Circuit · 2010
- Muniz v. Amec Construction Management, Inc.Court of Appeals for the Ninth Circuit · 2010
- Stormans Inc v. John WiesmanCourt of Appeals for the Ninth Circuit · 2015
- Shaw v. Life Insurance Co. of North AmericaDistrict Court, C.D. California · 2015
47 more not listed; retrieve them via the Exa API.