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ERISA: Ninth Circuit — Why Denial Letters Must Include All Rationale to be Asserted in Litigation

By Mike Reilly on December 7, 2022
Posted in ERISA

Can a district court consider new arguments justifying claim denial that were not articulated in the initial claim denial or appeal? NO. In fact this new Ninth Circuit decision indicates for the first time that it is “clear error” for a district court to adopt “newly presented rationale when applying de novo review.”

Even…

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  • ERISA: Ninth Circuit–Why Denial Letters Must Include All Rationale to be Asserted in Litigation
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