Describing the Pegram decision, a plaintiff-side attorney is said to have exclaimed, “We lost the battle but I think we won the war.”
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Describing the Pegram decision, a plaintiff-side attorney is said to have exclaimed, “We lost the battle but I think we won the war.”
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Comment on the basis for that sentiment. Following Rush, if the Illinois legislature were to amend the independent review statute discussed in the opinion to provide for state judicial review with the possibility of injunctive relief and consequential damages (e.g., pain and suffering, lost wages, emotional distress, etc.), how would a court likely analyze the amended statute under ERISA?
