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9th Circuit Decides No Issue Exhaustion in ERISA
Alaska Employment Law 
[Guidance Overview] Sept. 29, 2008
Excerpt: The 9th Circuit distinguishes between issue exhaustion and remedy exhaustion, and decided this morning that ERISA requires the latter but not the former. Thus, a participant's failure to argue reasons in an internal appeal does not prevent her or him from arguing [those] reasons before the District Court.
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