Thursday, June 26, 2008

MetLife Vs Glenn- "Clear As Mud"

The US Supreme Court has issued its opinion in the MetLife vs Glenn case. Roy Harmon III has done a nice job summarizing the opinions of various ERISA attorneys which are well worth a review

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;

  1. Firestone has certainly been breached
  2. 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.
  3. 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

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