No. 07-1580.

528 F.3d 320 (2008)

Patricia WOODS, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 11, 2008.

Attorney(s) appearing for the Case

ARGUED: Gregory Edward Camden, Montagna, Klein, Camden, LLP, Norfolk, Virginia, for Appellant. Walter Laurence Williams, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, McLean, Virginia, for Appellee. ON BRIEF: Dana L. Plunkett, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, McLean, Virginia, for Appellee.

Vacated and remanded by published opinion. Judge SHEDD wrote the opinion, in which Senior Judge HAMILTON and Judge WOOTEN joined.


SHEDD, Circuit Judge:

Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989), establishes the principle that courts review de novo an ERISA1 benefits determination unless the plan confers discretionary authority on its administrator. In this case we again confront the question of exactly what language is sufficient under Firestone to confer...

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