The United States Supreme Court’s April 21, 2010, decision in Conkright v. Frommert upholds the continuing vitality of deference owed to an ERISA plan administrator as established in Firestone v. Bruch. The Conkright decision is welcome relief in light of MetLife v. Glenn, a decision handed down by the court on the same issue only two years before. The controversial Glenn decision has reduced deference to plan administrators, caused deeper examination of ‘‘conflicts of interest,’’ and increased discovery activity in many cases and courts. Conkright may offer a course correction away from the trends established in the wake of MetLife v. Glenn. The attached article contrasts these two cases to develop practical solutions for dealing with the current litigation climate in ERISA claims review.
Reproduced with permission from Pension & Benefits Daily, 123 PBD, 06/29/2010. Copyright © 2010 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com