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· 4/20/1925

Ballestrero v. United States

Citations

  • 5 F.2d 503
  • 1925 U.S. App. LEXIS 2701

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that district courts have discretion to admit “additional evidence ... necessary to conduct an adequate de novo review”
  • holding that the district court has discretion to allow evidence that was not before the plan administrator \only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review\ (internal quotation marks omitted)
  • holding that new evidence may be considered by the district court when additional evidence is necessary to conduct a de novo review of the administrator’s benefit decision
  • holding that district court has discretion to allow evidence not before administrator “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review” (quotation omitted)
  • holding that the dis- trict court has discretion to allow evidence that was not before the plan administrator “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review” (internal quotation marks omitted)
  • stating that “a district court should not take additional evidence merely because someone at a later time comes up with new evidence that was not presented to the plan administrator”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gilbert

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.