What is the standard of review in this circuit of the 9th Circuit when a trustee of an employee benefit plan makes an "arbitrary, capricious" and "arrogant" decision?
MultiRegion, United States of America
The following excerpt is from Nevill v. Shell Oil Co., 835 F.2d 209 (9th Cir. 1987):
The basic rule in this circuit is that "decisions by the trustee of an employee benefit plan will not be reversed by the courts unless they are arbitrary, capricious, made in bad faith, not supported by substantial evidence, or erroneous on a question of law." Malhiot v. Southern California Retail Clerks Union, 735 F.2d 1133, 1135 (9th Cir.1984), cert. denied, 469 U.S. 1189, 105 S.Ct. 959, 83 L.Ed.2d 965 (1985). The arbitrary and capricious standard applies in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review for a decision of the board of trustees to deny accidental disability benefits but to grant ordinary disability benefits? ("New York", United States of America)
Does an employer need to make clear to employees that the employer will have the final determination of employee benefits decisions? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
What is the scope of review under the "arbitrary and capricious" standard? (MultiRegion, United States of America)
Does an employee have a right to receive increased benefits under the Employee Benefits Act? (MultiRegion, United States of America)
What is the standard of review for denying disability benefits under the Commissioner's denial of benefits? (MultiRegion, United States of America)
What is the standard of review applicable to review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
What is the test for a judicial review of an action under the "arbitrary and capricious" standard? (MultiRegion, United States of America)
What is the standard of review applicable to a judicial review of a decision of an adjudicator appointed pursuant to the Canada Labour Code? (Canada (Federal), Canada)
Can a decision maker such as the Immigration Officer on an application for permanent residents in Canada be reviewed on a higher standard of review of patent unreasonableness? (Canada (Federal), Canada)
