First Circuit: Doe v. Harvard Pilgrim Health Care

The administrative record for the purpose of judicial review properly includes documentary evidence from the post-filing review process, where both parties consent to the addition of the record in the post-filing process.

ERISA appeals at summary judgment are governed by clear error; remand to allow the court to interpret the documents.

http://media.ca1.uscourts.gov/pdf.opinions/17-2078P-01A.pdf