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GROSS v. SUN LIFE ASSUR. CO. OF CANADA

No. 12-1175.

763 F.3d 73 (2014)

Diahann L. GROSS, Plaintiff, Appellant, v. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 14, 2014.

Attorney(s) appearing for the Case

Michael D. Grabhorn , with whom Jonathan M. Feigenbaum and Grabhorn Law Office, PLLC were on brief, for appellant.

Joshua Bachrach , with whom Wilson, Elser, Moskowitz, Edelman & Dicker LLP was on brief, for appellee.

Before THOMPSON, SELYA, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

In previously deciding the merits of this case brought under the Employees Retirement Income Security Act of 1974 ("ERISA"), we agreed with plaintiff Diahann Gross that our circuit should no longer apply the highly deferential "arbitrary and capricious" standard of review to certain benefits decisions. See Gross v. Sun Life Assurance Co. of Can., 734 F.3d 1, 16 (1st Cir.2013). We also found the administrative...

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