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· 6/24/2010

Durakovic v. BUILDING SERVICE 32 BJ PENSION FUND

Citations

  • 609 F.3d 133
  • 49 Employee Benefits Cas. (BNA) 1594
  • 188 L.R.R.M. (BNA) 2971
  • 2010 U.S. App. LEXIS 12937
  • 2010 WL 2519645

How courts have described this case

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

  • concluding that funds maintained under the Taft-Hartley Act had a conflict of interest that needed to be weighed under Glenn
  • holding that funds’ reasoning was inappropriately “one‐sided” where funds “summarily dismissed” a report by the claimant’s vocational expert, “which was vastly more detailed and particularized than the report on which the Funds relied”
  • holding that a funds’ determination was not arbitrary and capricious where the funds’ determination was supported by the reports of two independent doctors, even in light of contrary findings by five treating physicians and the Social Security Administration
  • noting that the Second Circuit had more heavily weighted a conflict where the administrator \behaved deceptively toward the benefits applicant\
  • explaining that “[n]o weight is given to a conflict in the absence of any evidence that the conflict actually affected the administrator’s decision.”
  • assigning weight to a conflict because of the “decisionmaking deficiencies” evident in the defendants’ denial of the plaintiffs claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Winter, Walker

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.