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Brief of the Secretary of Labor as Amicus Curiae in Roland H. Bickley v. Caremark, Inc. (PDF)
U.S. Department of Labor [DOL]
[Opinion] May 19, 2005
28 pages. Excerpt: Questions presented: 1. Whether a plan participant has standing under sections 502(a)(2) and 502(a)(3) of ERISA, 29 U.S.C. §§ 1132 (a)(2) and 1132(a)(3), to bring an enforcement action for a breach of a fiduciary duty. 2. Whether a plan participant must exhaust internal administrative remedies applicable to benefit denials before bringing suit under sections 502(a)(2) and 502(a)(3) of ERISA to remedy fiduciary breaches.
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