Tibble

Tibble v. Edison International

Bad Law
729 F.3d 1110·2013 WL 3947717
United States Court of Appeals for the Ninth CircuitMarch 21, 2013Nos. 10-56406, 10-56415California13,390 words

Opinion

Lead Opinion

Scannlain, J.

ORDER AND AMENDED OPINION

ORDER

I

The opinion filed March 21, 2013, and published at 711 F.3d 1061 , is amended as follows:

Beginning on slip opinion page 28 delete the text from § 404 fiduciary duties, > through slip opinion 31 < difficulties with John Blair impel us to apply Firestone, and so we do.>. In place of the deletion substitute the following:

26 F.3d 360 , 369-70 (2d Cir.1994). Other circuits have read Firestone more broadly, stating that its deference can reach beyond ERISA actions that arise under section 1132(a)(1). See, e.g., Hunter v. Caliber Sys., Inc., 220 F.3d 702, 711 (6th Cir.2000) (“[W]e find no barrier to application of the arbitrary and capricious standard in a case such as this not involving a typical review of denial of benefits.”); Moench v. Robertson, 62 F.3d 553, 565 (3d Cir.1995) (“[W]e believe that after Firestone, trust law should guide the standard of review over…

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