Jeffrey T. Kuntz, Esq., called my attention to the Eleventh Circuit opinion in Doyle v. Liberty Life. According to the opinion, “Glenn implicitly overrules and conflicts with our precedent requiring courts to review under the heightened standard . . “
The panel substituted a new opinion for its prior opinion in the case, holding that “heightened scrutiny” and burdenshifting requirements no longer apply. This note is cross-posted to ERISABoard.com where the opinion is attached.
See: :: “Heightened Arbitrary And Capricious Review” Questioned After Glenn for questions about the previous 11th Circuit test as noted in a post-Glenn district court opinion