This is a case with shocking facts.

Few things fill a junior associate with more dread than a partner beginning a sentence with the following words: “There must be a case that holds….” Much of the time, there is no such case (especially when the issue concerns some annoying e-discovery dispute that no judge would ever want to write about).

But if a partner says to you, “There must be a case addressing whether an insurance company is liable for accidental death benefits when the decedent accidentally kills himself while engaged in masturbation that involves intentional self-electrocution” — well, now there’s a case that’s on all fours. With an electric cattle prod.

Keep reading, to learn about an ERISA opinion that is very… stimulating….

Continue reading “A Self-Abuse of Discretion?
(Or: The most interesting ERISA opinion ever.)“