By Mark DeBofsky ( December 7, 2021, 2:38 PM EST) -- Over the past several months, there has been a flurry of federal appellate opinions questioning civil procedure norms in Employee Retirement Income Security Act benefits litigation.[1] A pair of brand new appellate decisions have also focused on the same issue, although not necessarily in a direction that harmonizes ERISA civil procedure with the Federal Rules of Civil Procedure. ...
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