Legal Opinion
Ingorvaia v. Reliastar Life Insurance
District Court, S.D. California
Decided May 14, 2013No. Case No. 12cv333 DMS (MDD)PublishedCited by 2 opinions
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO ESTABLISH ERISA STANDARD OF REVIEW
DANA M. SABRAW, District Judge.
In this action for review of termination of Plaintiffs long term disability benefits, Defendants filed a motion to establish the applicable standard of review under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (“ERISA”). Defendants argue that an abuse of discretion standard applies. Plaintiff filed an opposition arguing the applicable standard is de novo, and Defendants replied. With leave of Court, Plaintiff filed a sur-reply. For the reasons stated below, Defendants’…
2Cases cited10 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- CIGNA Corp. v. AmaraSupreme Court of the United States · 2011
- Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
- U.S. Airways, Inc. v. McCutchenSupreme Court of the United States · 2013
- EUGENE S. v. Horizon Blue Cross Blue ShieldCourt of Appeals for the Tenth Circuit · 2011
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3Cited by2 opinions
- Donna Rhea v. Alan Ritchey, Inc Welfare Bnft, et aCourt of Appeals for the Fifth Circuit · 2017
- Mull v. Motion Picture Industry Health PlanDistrict Court, C.D. California · 2014