The Third Circuit has officially opined in the case of Schwing v. Lilly Health Plan (3rd Cir 04/14/2009) that MetLife v. Glenn overruled the “sliding scale” standard of review previously adopted by the Third Circuit in reviewing decisions of ERISA fiduciaries:
Third Circuit: No More “Sliding Scale” Standard of Review
The Third Circuit has officially opined in the case of Schwing v. Lilly Health Plan (3rd Cir 04/14/2009) that MetLife v. Glenn overruled the "sliding scale" standard of review previously adopted by the Third Circuit in reviewing decisions of ERISA…