Attorney Article

Discovery in de Novo Matters – It Is Real and Here to Stay

ABA: Employee Benefits Law

Spring 2020

Author: Edna S. Kersting

Edna S. Kersting (Partner-Chicago) contributed “Discovery in de Novo Matters – It Is Real and Here to Stay,” in the Spring 2020 edition of the American Bar Association’s Employee Benefits Law. In analyzing the matter, Edna notes that at the beginning of the 21st century, discovery was neither requested nor taken in ERISA-governed claim litigation matters. Now, two decades later, she says, “…discovery in cases subject to an arbitrary and capricious standard of review – so called conflict of interest discovery – is all too common and we have recently seen courts limiting matters to the administrative record again. The increasing number of claims subject to a de novo review were initially shielded from discovery as the so-called conflict of interest did not factor into the analysis of a case subject to de novo review.” In recent years, that changed again, however, and Edna goes on to discuss the latest trends and case law in this evolving area of the law.

Read the Article.

View more Attorney Articles