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A Constant State of Exhaustion? LaRue v. DeWolff Revisited
Jones Day 
[Guidance Overview] Sept. 17, 2008 Excerpt: The real surprise in the U.S. Supreme Court's decision in LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. _____, 128 S. Ct. 1020 (2008) ('LaRue'), was its purposeful suggestion that plan participants may be required to exhaust their administrative remedies before filing breach of fiduciary duty lawsuits. Both the five-member majority opinion, as well as the Chief Justice's concurring opinion (joined by Justice Kennedy), made this same point. MORE >> |
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