Questioning ERISA Statutory Violations At 6th Circ.

Law360, New York (May 12, 2017, 9:34 AM EDT) -- On March 14, 2017, in Hitchcock v. Cumberland University, 851 F.3d 552, 2017 (6th Cir. March 14, 2017), the Sixth Circuit joined six other federal circuit courts in ruling that Employee Retirement Income Security Act plan participants are not required to exhaust administrative remedies prior to filing suit when asserting statutory violation claims as opposed to claims for benefits.

The only two circuits which currently require plan participants to exhaust administrative remedies for all plan-related claims, including claims for breach of fiduciary duty and other statutory violations, are the Seventh and Eleventh Circuits. Those Circuits have generally found that the exhaustion...

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