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On March 27, 2008, Scott M. Riemer filed an amicus brief on behalf of the NYC Chapter of the National Multiple Sclerosis Society Disability Lawyer New York in the case of MetLife v. Glenn, now pending in the U.S. Supreme Court and waiting for oral argument on April 23, 2008. The brief of the Chapter was proudly filed on a pro bono basis by Riemer Hess LLC and Jonathan Feigenbaum.
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MetLife v. Glenn is a potentially landmark case, which will address how much deference, if any, a court should give the determination of an insurance company that has an inherent conflict of interest, i.e., when the insurance company both decides claims and pays benefits.
The Chapter's brief argues that Article III of the Constitution requires that Ms. Glenn receive a de novo plenary proceeding; that granting any level of deference to the determination of a conflicted insurance company would constitute an unconstitutional relegation of judicial power.
