Legal Opinion

Orndorf v. Paul Revere Life Insurance

Court of Appeals for the First Circuit

Decided April 15, 2005No. 04-1520PublishedCited by 179 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

This case requires us to address what is meant by de novo judicial review under ERISA of a denial of benefits when the ERISA plan does not preserve discretion in the plan administrator. That raises concomitant questions of whether the claimant is entitled to trial in the district court and what, if any, evidence may be admitted that is not in the administrative record before the ERISA administrative decision maker. Our conclusion is that given the nature of the claimant’s challenge here — that he did in fact establish his eligibility to benefits before the ERISA decision…

2Cases cited13 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
  3. Michael F. Terry v. Bayer Corporation and Bayer Corporation Disability PlanCourt of Appeals for the First Circuit · 1998
  4. Judith P. Masella v. Blue Cross & Blue Shield of Connecticut, Inc.Court of Appeals for the Second Circuit · 1991
  5. Recupero v. New England Telephone & Telegraph Co.Court of Appeals for the First Circuit · 1997

8 more not listed; retrieve them via the Exa API.

3Cited by179 opinions

  1. Helton v. AT & T Inc.Court of Appeals for the Fourth Circuit · 2013
  2. Nolan v. Heald CollegeCourt of Appeals for the Ninth Circuit · 2009
  3. Gross v. Sun Life Assurance Co. of CanadaCourt of Appeals for the First Circuit · 2013
  4. Buffonge v. Prudential Insurance Co. of AmericaCourt of Appeals for the First Circuit · 2005
  5. Bard v. Boston Shipping Ass'nCourt of Appeals for the First Circuit · 2006

174 more not listed; retrieve them via the Exa API.

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