QUESTIONS PRESENTED

1. Whether the Third Circuit, in overturning the District Court’s ruling, decided an important federal question that directly conflicts with this Court’s holding in Metropolitan Life Insurance Co. v. Glenn, 128 S.Ct. 2343 (2008), requiring courts to “take account of several different considerations of which a conflict of interest is one” when determining the lawfulness of benefit denials under ERISA.
2. Whether the Third Circuit’s de novo resolution of fact issues: (a) improperly usurped the function that the civil justice system reserves for finders of fact, whether district courts or juries; and (b) violated the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution.
3. Whether the Third Circuit perpetrated a manifest injustice by applying Metropolitan Life Insurance Co. v. Glenn, 128 S.Ct. 2343 (2008), to the facts of this case rather than the law in effect at the time the District Court rendered its decision, when the case was tried on March 1-8, 2005, the District Court opinion was published on September 29, 2006, and Glenn was decided on June 19, 2008.

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