Tenth Circuit· 9/5/2012

Foster v. PPG Industries, Inc.

Citations

693 F.3d 1226
55 Employee Benefits Cas. (BNA) 1352
2012 WL 3834722
2012 U.S. App. LEXIS 18678

How courts have described this case

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

holding that a plan administrator operating under an inherent conflict of interest had not abused its discretion
noting that abuse of discretion and arbitrary and capricious standard are interchangeable in ERISA context
“The circumstances do not suggest a higher likelihood that the inherent conflict affected the benefits decision.” (internal quotation marks omitted)
“The circumstances do not suggest a higher likelihood that the inherent conflict affected the benefits decision.” (internal quotation marks omitted)
“the Plan Administrator’s decision was.consistent with its fiduciary obligation to safeguard Plan assets for the benefit of all participants, not just Foster”
plan administrator did not violate ERISA where electronic withdrawals, though fraudulent, were made in accordance with plan procedures

Source: CourtListener parenthetical corpus (CC0).

Judges: Hartz, Ebel, Holmes

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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