ERISA Exhaustion Defense Still Viable In Some Jurisdictions

By Art Marrapese (January 7, 2021, 5:44 PM EST) -- This article addresses the viability of the Employee Retirement Income Security Act's claims exhaustion doctrine as a defense in lawsuits alleging fiduciary breaches and other ERISA statutory violations.

A recent decision out of the U.S. District Court for the Northern District of Georgia — Fleming v. Rollins Inc. — reminds us that defending ERISA breach of fiduciary duty claims based on a plaintiff's failure to exhaust a plan's administrative remedies is a viable option in some federal court jurisdictions.[1]

ERISA class actions against 401(k) and 403(b) plan sponsors and their fiduciaries continue to be filed in federal courts around the country...

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