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· 4/21/2005

Cecilia Nichols v. The Prudential Insurance Company of America, Docket No. 04-1445-Cv

Citations

  • 406 F.3d 98
  • 34 Employee Benefits Cas. (BNA) 2185
  • 2005 U.S. App. LEXIS 6837

How courts have described this case

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

  • noting that an argument not made to the district court may not be made on appeal
  • declining to apply substantial compliance doctrine when the defendant “failed to comply in any reasonable respect with the regulatory deadlines,” “did not even acknowledge the request for an appeal until after the deadline had expired, and had not rendered any decision at the time of the suit”
  • insurer’s failure to “adhere literally to the regulatory deadlines renders the claimant’s administrative remedies exhausted by operation of law and consequently permits the claimant to seek review in the federal courts without further delay”
  • noting the “administrator had the burden of proving discretion”
  • “[We] may give deferential review only to actual exercises of discretion.”
  • “[We] may give deferential review only to actual exercises of discretion.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Pooler, Katzmann

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.