Categories Archives: Standard of Review

A Self-Abuse of Discretion? (Or: The most interesting ERISA opinion ever.)

This is a case with shocking facts. Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want [...]