Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

January 12, 2021

Law360: ERISA Exhaustion Defense Still Viable in Some Jurisdictions

Art Marrapese, chair of the Employee Benefits Practice Area, recently had his “ERISA Exhaustion Defense Still Viable in Some Jurisdictions” article published by Law360. The article addresses the viability of the Employee Retirement Income Security Act’s (ERISA) claims exhaustion doctrine as a defense in lawsuits alleging fiduciary breaches and other ERISA statutory violations. The article says:

“Defending ERISA breach claims on the grounds that the plaintiff has failed to exhaust plan administrative remedies is a viable litigation strategy in the Seventh and Eleventh Circuits, and may be worth asserting in a case arising in the First, Second and Eight Circuits, which do not appear to have ruled out the defense.”

“The advantages of defending an ERISA breach case based on the exhaustion doctrine could be significant in light of the deferential review standard that typically applies to judicial review of an administrator’s decision, and the limited scope of discovery associated with judicial review of administrative decisions.”

Read the full article here.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Wislande Claude, Felipe Fernandez, Howard Wilson, Lisa Cantwell, and Erika Alexandria—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

NYS Appellate Court Holds Family Members Are Not Bound by Arbitration Agreement Signed by Deceased Relative

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Milagros Senior, Sylinia Jackson, Edery Herrera, Henry Tucker, and Carlton Knowles—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Phyllis Hampton, Nicolas Grant, Windy Lucius, Jesus Gonzalez, and James Watson—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

New York PSC Grants 30-Day Extension for NYSERDA to File First Bulk Energy Storage Solicitation

Alerts

Supreme Court Broadens Scope of Religious Exemption From State Regulation