ERISA Remand for a Full and Fair Review Is Not A Final Decision

A district court’s order remanding an employee benefits case to plan administrator to conduct a full and fair review is not a final decision. The Tenth Circuit held in an ERISA case, Metzger v. Unum Life Insurance Co., 476 F.3d 1161 (10th Cir. 2007), that under the facts of this case, the district court’s order remanding a case to a plan administrator to conduct a “full and fair review” was not final because the district court had not issued a final judgment disposing of all issues in the case or certified its order granting partial summary judgment as a final order. The Tenth Circuit noted in a footnote that the Circuit Courts are split on whether an order remanding a matter to an ERISA plan administrator is final.