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Expert Analysis

6th Circ. Ruling Offers Fresh Look At ERISA Exhaustion

By Mark DeBofsky  (April 24, 2020, 12:42 PM EDT) -- Is exhaustion of administrative remedies in challenging Employee Retirement Income Security Act-governed benefit denials required as a precondition to filing a lawsuit? A concurring opinion in Wallace v. Oakwood Healthcare Inc.[1] by U.S. Circuit Judge Amul Thapar of the Sixth Circuit raises provocative questions about the administrative exhaustion doctrine in ERISA cases and suggests that other aspects of ERISA litigation are also ripe for reexamination. ...

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