Déjà Vu All Over Again: Will The Supreme Court's Erisa Decisions Prompt The Fifth Circuit to Reverse Its Standard?

This Survey period was more significant for the Supreme Court cases issued than for the Fifth Circuit cases decided. The Supreme Court issued four decisions, including one outside of the Survey period that originated in the Fifth Circuit. The Court addressed the standard of review in benefit denial cases under § 502(a)(1)(B), 2 remedies available to plan participants in defined contribution plans,3 and the rights of plan sponsors. In addition, the Court heard an appeal of a Fifth Circuit case involving the disposition of pension benefits in the context of a court-supervised distribution of marital property.