· 12/29/2014
Karen Brake v. Hutchinson Technology Inc.
Citations
- 774 F.3d 1193
- 59 Employee Benefits Cas. (BNA) 2878
- 2014 U.S. App. LEXIS 24489
- 2014 WL 7345692
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that, to the extent an area of state law is not preempted by ERISA, a choice-of-law clause in an ERISA plan should be followed as long as the clause is not unreasonable or fundamentally unfair.
- declining to apply law of South Dakota (plaintiff’s home state and the forum state) disallowing discretion clause in health-insurance policies
- finding, in part, South Dakota law inapplicable where the statute only applied to insurance policies issued or renewed after a certain date and the events underlying the action occurred prior to that date
- “[W]e take this inherent financial conflict of interest into account in deciding whether an abuse of discretion has occurred.”
- enforcing choice of law provision selecting state containing employer’s headquarters
Source: CourtListener parenthetical corpus (CC0).
Judges: Beam, Colloton, Loken
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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