Shelby County Health Care Corp. v. Majestic Star Casino, LLC

The district court should have used an arbitrary and capricious standard to review Majestic’s decision denying the claim at issue; however, Majestic’s decision was arbitrary and capricious and thus I concur in affirming the district court’s award of benefits and prejudgment interest to the Med.

I. Standard for Reviewing ERISA Fiduciaries and Their Agents

Majestic, as a fiduciary with discretionary authority to construe the terms of the Plan, is entitled to have its decisions reviewed under an arbitrary and capricious standard. This court should follow the well-reasoned approach set out by the…