How Discovery Is Evolving In ERISA Benefits Litigation
Law360 (July 1, 2020, 1:26 PM EDT) — An aspect of Employee Retirement Income Security Act benefits litigation that distinguishes it from other civil litigation is that discovery in ERISA cases is only stingily granted. Although, as will be shown below, that appears to be changing.
There is no statutory basis for limiting discovery in ERISA cases, nor do the Federal Rules of Civil Procedure prescribe any such restriction. According to the ERISA statute, benefit claimants may bring a civil action to recover benefits due under an employee benefit plan.
The FRCP apply to all civil actions, thus making the discovery rules applicable to all federal civil cases subject…