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

February 1, 2017 11:50am

Jennifer M. Danish
Managing Partner
Bryant Legal Group PC

Jason A. Newfield
Founding Partner
Frankel & Newfield P.C.

Ronald K. Alberts
Gordon Rees Scully Mansukhani, LLP

  • Conflict of interest discovery
  • Discretionary clause regulation
  • 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