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Third Circuit Holds that Exhaustion of Administrative Remedies Does Not Constitute a Jurisdictional Issue
Health Plan Law
Sept. 7, 2007
Excerpt: In the context of a dispute over life insurance benefits, the Third Circuit has rendered further guidance on the distinction between defenses that are (1) jurisdictional in nature, such that the federal court cannot hear the case, and (2) those that are procedural or judicial doctrines. If a defense simply involves an element of a claim or goes to the merits of the case, then federal courts may adjudicate the case before it.
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