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Gregory Mayer v. Hartford Life and Accident Insurance Company
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1281 · judgment August 12, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Is a state law prescribing de novo judicial review for challenged benefit determinations, regardless of any discretion the Plan grants to the administrator, preempted by ERISA? If not, does enforcing such a state law with regard to the court challenge of a beneficiary who resides outside of the state in which the Plan was delivered violate the Commerce Clause (as the Second Circuit ruled below)?
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Should lower courts assessing challenged benefit determinations enforce choice-of-law provisions contained in an ERISA Plan and, if so, which of the differing approaches employed by the circuits should a lower court apply?
Counsel of record
For petitioner
Michael James Confusione
Hegge & Confusione, LLC
For respondent
Patrick W. Begos
Robinson & Cole LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Feb 22 2022Petition DENIED.
- Jan 12 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 05 2022Waiver of right of respondent Hartford Life and Accident Insurance Company to respond filed.
- Dec 09 2021Petition for a writ of certiorari filed. (Response due January 13, 2022)