Art Marrapese, Employee Benefits Practice Area chair, was featured in the Law360 article “11th Circ. Ruling Could Unravel Strict ERISA Exhaustion Rule.” A recent Eleventh Circuit decision could signal the end of the court’s decades-old requirement that plaintiffs exhaust all administrative remedies before filing ERISA claims.
Although a panel upheld dismissal of a proposed class action against Inland Fresh Seafood Corp. under the court’s 1985 Mason v. Continental Group Inc. precedent, a concurring opinion by Judges Adalberto Jordan and Jill Pryor urged the full court to reconsider that rule.
Art said the development could reshape ERISA litigation: “I think the en banc [review] is probably going to happen, and I’m thinking that they’ll reverse their prior precedent, and rule that the exhaustion requirement does not apply to fiduciary breach and ERISA statutory claims.” He added, “If it gets to the Supreme Court, I think that’s the rule that the Supreme Court is going to issue as well.”
If the Eleventh Circuit overturns its precedent, it would align with most other circuits that don’t impose an exhaustion requirement for fiduciary breach or statutory ERISA claims.
Law360 subscribers can read the full article here.