...benefits under the Integration Formula, "Bragg denied their requests and subsequent appeals based on his erroneous application of the scrivener's error doctrine, [which was] contrary to the clear...language of the plan." ECF No. 64 at 11. Bragg "committed a legal error" by applying the scrivener's error doctrine, and his "denial of benefits due under the . . . 1996 Plan was an abuse of discretion...the scrivener's error doctrine and abused his discretion when denying benefits, he was not held individually liable for these errors. See ECF No. 71 at 7-8...

...possible "less natural" but nonetheless permissible reading. I have been willing, in the case of civil statutes, to acknowledge a doctrine of "scrivener's error" that permits a...have no proper bearing here. For the sine qua non of any "scrivener's error" doctrine, it seems to me, is that the meaning genuinely intended but inadequately expressed must be absolutely clear...the text nor any that can be substituted for the text on "scrivener's error" grounds. I therefore agree with the Ninth Circuit that respondents' conviction cannot stand. I could...

.... § 1144(a) (1988). B. Scrivener's Error We must initially decide whether importing the equitable doctrine of...reformation of contract due to a scrivener's error into the ERISA context is consistent with the purposes of ERISA. Under the doctrine of scrivener's error, the mistake of a scrivener in...upon reading the plans. Despite this potential tension with a statutory purpose of ERISA, we believe that the scrivener's error doctrine is appropriate in this particular case...

...motion to reconsider, the Commissioner urges us to treat this unexplained inconsistency as a mere scrivener's error, and essentially edit the ALJ's decision to eliminate this internal contradiction in the decision. While we acknowledge the scrivener's error doctrine, which...decision by dismissing certain inconsistencies as mere scrivener's errors. However, as a general rule ‘[a] scrivener's error is a 6 transcription error or a typographical error.” Armata v. Berryhill, No. 3:17-CV-30054-KAR, 2018 WL 4829180, at *11 (D. Mass. Oct. 4, 2018). Therefore, courts are reluctant to apply the scrivener's error doctrine when...has some application to Social Security appeals, in our view we may only rely upon the concept of a scrivener's error to correct...

...expressly addressed what is commonly known as the "scrivener's error doctrine" in the context of statutory construction. Some courts outside of Colorado have applied the scrivener's error doctrine to...certifications within the definition of a court order. Therefore, we decline to apply the scrivener's error doctrine, even assuming it is part of Colorado law...correct mistakes in statutes when it is absolutely clear the legislature meant something other than what appears in the statute. See Ryan D. Doerfler, The Scrivener's Error, 110 Nw. U. L. Rev...

...). Allowing the doctrine of scrivener's error to apply in ERISA cases would seem at odds with this statutory purpose. A plan document containing a scrivener's error might mislead an employee into believing he had rights or obligations that he did not, in fact, have. Id. at 907. We concluded, however, that under the facts of "this particular case," application of the scrivener's error doctrine was...case came along, I thought that this court was bound by our careful and important opinion holding that the equitable doctrine of contract reformation due to a scrivener's error is consistent with the.... II. Under the doctrine of scrivener's error, a clerical mistake made in drafting a document may be reformed on the basis of parol evidence...

...error" doctrine, id. , at 462, 113 S.Ct. 2173, which applies only in exceptional circumstances to obvious technical drafting errors. See..., 113 S.Ct. 2173, 124 L.Ed.2d 402 (1993). But that "unusual" case turned on the "scrivener's...

...produce results so absurd that we may invoke the scrivener's error doctrine and rewrite them. Instead, we must allow Congress to decide whether it made a drafting mistake, and if so, whether to correct..., 124 S.Ct. 1023. As one Justice has explained, in applying this doctrine, "I search for a plausible purpose because a text without one may represent a `scrivener's error' that we may...meaning of a statute is the rare case of a "scrivener's error" that produces an "absurd result." For example, in Green v. Bock Laundry Machine Co...

.... The parties also have not provided evidentiary support for their agreement that the contract should be reformed under the scrivener's error doctrine, i.e. that the parties mutually...

.... Scrivener's Error But if the word "electing" is a drafting mistake, does it fall under the "scrivener's error" doctrine that would allow this court to correct it? Or can...be obvious. "The sine qua non of any `scrivener's error' doctrine, it seems to me, is that the meaning genuinely intended but inadequately expressed must be absolutely clear," he wrote. "[O.... Seigel, What Statutory Drafting Errors Teach Us About Statutory Interpretation, 69 GEO. WASH. L.REV. 309 (2001) and Michael S. Fried, A Theory of Scrivener's Error, 52 RUTGERS L.REV. 589...

...plan to deny benefits is arbitrary and capricious). Donnelley attempts to justify the administrator's decision by the so-called "scrivener's error" doctrine. Under that doctrine...scrivener's error doctrine, is in fact "downright unreasonable." We therefore overturn the decision and find that under terms of the RBP, as amended, plaintiffs who retired during 1993 in connection.... 151, 163 (1991) ("Since there was here no contention of a `scrivener's error' producing an absurd result, the plain text of the statute should have made this litigation unnecessary and...

.... 2d 630, 641 (E.D. Va. 2009) (citations omitted) (applying Virginia law). In that context, "[w]hether a scrivener's error exists is a question of law." Id. The scrivener's error doctrine prohibits...matters outside the pleadings when seeking to dismiss a complaint. Therefore, the Court need not apply the scrivener's error doctrine. The upshot of looking beyond the Complaint to review its exhibits..., 1-10, 1-14, 1-16, 1-19, 1-21.) This directly contradicts the phrasing employed in the Complaint, which would explain why the Plaintiffs seek, creatively, to invoke the scrivener's error doctrine in...

.... United States, 526 U.S. 1, 19 n.2 (1999) (Scalia, J., dissenting) (noting that a scrivener's error in a statute may only properly be corrected by a court when the text is devoid of any plausible purpose for being written in that manner); United States v. X-Citement Video, Inc., 513 U.S. 64, 82 (1994) (Scalia, J., dissenting) ("[T]he sine qua non of any 'scrivener's error' doctrine . . . is.... The reference to "paragraph (1)" is presumably a scrivener's error that should read "paragraph (a)"—as there does not appear to be a paragraph (1) in the...this litigation on Younger abstention grounds, but that argument was rejected by the district court. The judges next moved to dismiss on the grounds of the Rooker-Feldman doctrine and...

...that courts may disregard “obvious technical drafting errors” when interpreting statutes under the “scrivener's error” doctrine, that rule only applies “in exceptional circumstances” that aren't...., United States v. Lauderdale County, 914 F.3d 960, 962 n.2 (5th Cir. 2019) (appearing to adopt a similar conception of the scrivener's error doctrine). So, for instance, if a statute...., all other remedies are exhausted)-however long that may be from the date of sentencing. Because Tsarnaev thus incorrectly applied the scrivener's error doctrine, Court must enforce the...

...maintains that the language in the 1984 Plan Documents that included employees of commonly controlled subsidiaries was nothing more than a scrivener's error and, therefore, the court should look to parol evidence and allow the parties' actual intent to determine whether Hernandez was included in the Plan. A scrivener's error doctrine may...reasonably withheld consent to settlement based on the doctrine of scrivener's error because, by its own argument, Eaton Vance is charged with full knowledge of its Plan documents and it "knew" that Hernandez was a Plan participant. As discussed above, Eaton Vance did not administer the Plan properly, which was a breach of fiduciary duty under ERISA. The scrivener's error doctrine, therefore...

...error. We agree and remand for the court to correct its error. Deoxyribonucleic acid. A DNA sample is used to identify the probable origin of a body fluid sample associated with a crime The scrivener's error doctrine is... M.V.J. asserts that the trial court did not order a DNA sample, as evidenced by its oral statement at the hearing, and although the written order indicates otherwise, it was a scrivener's error...checked. Given the above, this was undoubtedly a scrivener's error. The State disagrees and claims that the court only addressed the DNA sample order for the first degree robbery...

... plain meaning rule that was not discussed by either party: the so-called "scrivener's error exception." One commentator described this exception as a variation on another recognized exception to the plain meaning rule — the "absurdity doctrine." Justice..., in discussing what I have called the absurd results exception, often uses a different name: he calls it the doctrine of "scrivener's error." Moreover, this different name seems to embody a different doctrine with...the ultimate criterion of the "scrivener's error" exception. Under the absurdity doctrine, a court should...

...statutory purpose of ERISA,” the Third Circuit held that the scrivener's error doctrine may be invoked to modify ERISA plans under certain limited circumstances.... Notwithstanding the Plan's language that expressly prohibited the company from amending the Plans, the Third Circuit found that the scrivener's error doctrine permitted retroactive revision because..., allowing reformation of the scrivener's error does not thwart ERISA's statutory purpose of ensuring that plan participants can rely upon the language. McCormick Dray Line, Inc., 85 F.3d at 1105 n.2. Under the facts of McCormick, the Court found that the employer could not use the scrivener's error doctrine to...

...." Boyer, 986 F.2d at 1003. Defendant contends the Court should apply the doctrine of scrivener's error as part of federal common law, as adopted by other federal circuit courts of appeal, in interpreting the immediate ERISA plan and allow extrinsic evidence to determine the intent of the parties. However, as neither the Sixth Circuit nor the Supreme Court have directly ruled upon the application of the doctrine of...current dispute. Other circuits, namely the Seventh Circuit, have utilized the scrivener's error doctrine to allow for the...443 (4th Cir. 2009) (applying the scrivener's error doctrine yet finding that the party seeking reformation of the ERISA plan at issue failed to establish proof of the error...

...integration principles, waiver provisions. nor the scrivener's-error doctrine can supply a missing essential term or revive an unenforceable guaranty. Defendants further contend amendment is...correctable clerical error. Plaintiff also seeks leave under CPLR 3025(b) to amend the verified complaint to plead attorneys' fees as an element of damages within its substantive claims. In...Guaranty must be construed with the contemporaneously executed commitment letter and mortgage identifying the collateral, that the omission reflects a clerical error rather than an absence of agreement...