ERISA Discovery

ERISA claims are generally limited to a review of the administrative record. In other words, matters outside of the administrative record are generally not considered, and as a result, discovery is limited in an ERISA case. (150 F.3d 609). That being said, some discovery in ERISA cases is permitted. If an allegation is made, for example, that there is bias or a conflict of interest, limited discovery can take place. The scope of any such discovery is limited by reference to the pleadings. Thus, if there is alleged bias, some discovery will be permitted. The trial court is given broad discretion in determining the scope and extent of discovery in ERISA cases.