holding that delegatee's actions are reviewed for abuse of discretion if discretionary authority is delegated
Summary of this case from Martinez v. the Beverly Hills HotelNo. 90-961.
February 19, 1991.
C.A. 9th Cir. Certiorari denied. Reported below: 914 F. 2d 1279.
holding that delegatee's actions are reviewed for abuse of discretion if discretionary authority is delegated
Summary of this case from Martinez v. the Beverly Hills Hotelholding defendant entitled to summary judgment if he establishes that one element of the plaintiffs cause of action does not exist
Summary of this case from Cornyn v. Speiser, Krausenoting that "[a]bsent an express grant of discretion over entitlement determinations, the deferential review operates adversely . . . to `afford less protection to employees and their beneficiaries'"
Summary of this case from Campbell v. Chevron Phillips Chemical Co., L.P.Full title:MADDEN v. ITT LONG TERM DISABILITY PLAN FOR SALARIED EMPLOYEES ET AL
Court:U.S.
Date published: Feb 19, 1991
"Discretionary authority cannot, however, be implied; an administrator has no discretion to determine…
Chevron Chem. v. Workers Union 4-447Wildbur v. ARCO Chem. Co., 974 F.2d 631, 637 (5th Cir.) (quoting Block v. Pitney Bowes Inc., 952 F.2d 1450,…