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· 6/29/2009

Krolnik v. Prudential Insurance Co. of America

Citations

  • 570 F.3d 841
  • 47 Employee Benefits Cas. (BNA) 1251
  • 2009 U.S. App. LEXIS 13916
  • 2009 WL 1838298

How courts have described this case

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

  • observing that “ ‘de novo review is a misleading phrase” in the context of ERISA, which requires “an independent decision rather than ‘review ”
  • observing that “‘de novo review’ is a misleading phrase,” and suggesting that it be replaced by “‘independent decision’”
  • observing that “‘de novo review’ is a misleading phrase,” and suggesting that it be replaced by “‘independent decision’”
  • noting that de novo review does not require literal review of the administrative record, but rather “an independent decision rather than ‘review,’” with the district court being free to take evidence as needed
  • declining to “look behind” parties’ agreement that de novo standard applied to review of plaintiff’s denial-of-benefits claim
  • discussing how courts should limit review to the administrative record when review is deferential

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Kanne, Williams

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.