Discovery in ERISA Cases as Discretionary Clauses are Slowly Fading Out and Insurers are Relying on De Novo Review, How the Amendments to the Federal Rules of Civil Procedure Will Impact Discovery, Administrative Review, and Proportionality Issues

September 16, 2016 10:10am

Nicole Y. Blohm
Meserve, Mumper & Hughes LLP

David A. Bryant
Bryant Legal Group PC

  • Tackling the big issue of discovery in ERISA cases under de novo review
  • The changing landscape of insurers and state regulators no longer requiring discretionary policies
  • How do you try a de novo case in the 9th circuit where there are bench trials and no witnesses?
  • State by state update on states that still allow discretionary policies
  • Determining the claims that contain discretionary policies but litigating de novo review
  • Amendments to the Federal Rules of Civil Procedure
    • -Rule 26
  • How are courts looking at the issue of proportionality in ERISA cases?
  • Discovery obtained during administrative review