Same Severance Plan, Different Results: What the Fifth and Tenth Circuits Teach About Employer Discretion in Eligibility Disputes
Same Severance Plan, Different Results: What the Fifth and Tenth Circuits Teach About Employer Discretion in Eligibility Disputes
Two unpublished decisions involving the same change in control severance plan went in opposite directions on the standard of review. In 2026, the Fifth Circuit applied abuse of discretion based on plan language delegating interpretive authority to the administrator.... By: Seyfarth Shaw LLP