Not being an attorney(thank God!) I can nevertheless offer some observations as a disability professional which can not be considered legal advice but certainly offer insight into a decision which is about as clear as mud upon first reading;
- Firestone has certainly been breached
- If you doubt conclusion #1 see Brian King's take here, I happen to agree with Brian on where the trial lawyers will go to prove a conflict.
- I have already commented here on the poor argument set forth by Metlife's counsel in oral arguments which got Justice Alito to join the majority