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Ninth Circuit Rules Claimant Not Required to Exhaust Issues During ERISA Claims Review (PDF)
Proskauer Rose LLP 
[Guidance Overview] Nov. 3, 2008
At page 4 of 9 pages. Excerpt: Although it is unclear how broad Vaught should be read in light of the confused administrative claims review record that led to the decision, Vaught risks creating an unfortunate road map for participants seeking to evade abuse of discretion review. The necessary consequence of allowing plaintiffs to 'hold their cards' and raise new issues in district courts is that the district courts will be considering issues de novo.
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