· 12/7/1992
Kenneth E. Wildbur, Sr. v. Arco Chemical Co.
Citations
- 974 F.2d 631
- 1992 WL 236058
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that an interpretation in direct conflict with the explicit language of the Plan indicates that the interpretation is arbitrary and capricious
- stating that an interpretation in direct conflict with the explicit language of the Plan indicates that the interpretation is arbitrary and capricious
- holding that discretionary authority must be expressly granted in plan’s text
- noting that there is “only a semantic, and not a substantive, difference” between “abuse of discretion” and “arbitrary and capricious” standards
- stating that a finding of discretionary authority did not hinge on the use of words such as “‘discretion’ or any other ‘magic word’”
- stating that a district court must \explain its reasons for granting a motion for summary judgment in sufficient detail for us to determine whether the court correctly applied the appropriate legal test\
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Wiener, Lake
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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