Durakovic v. Bldg. Serv. 32 BJ Pension Fund
Durakovic v....(U.S. 2d Cir., ERISA, Health Law, Insurance Law, Labor & Employment Law) In an ERISA challenge to a union disability-benefits denial, dismissal of the complaint is reversed where: 1) a fund organized pursuant to 29 U.S.C. section 186(c)(5) is conflicted within the meaning of Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (2008); 2) the district court should have accorded the conflict in this case more weight; and 3) no rational trier of fact could have failed to conclude that the benefits denial was arbitrary and capricious.
