The Tide is Turning Against Discretionary Authority and the Abuse-of-Discretion Standard of Review

Orzechowski v. Boeing Co. Non-Union Long-Term Disability Plan (9th Cir. May 11, 2017) is the latest in a string of court decisions that undermine the abuse-of-discretion standard of review in ERISA disability benefits cases. It may not be the last.  Please see the attached memo for further information.