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District Court Denies Dismissal for Failure to Exhaust Administrative Remedies; Highlights Importance of Communication About Appeal Procedures
Roberts Disability LawLink to more items from this source
Feb. 23, 2021

"The court explained how Ferguson's attorney asked the Plan Administrator to explain in writing whether there was a grievance policy, and he did not respond to that request.... The court found that Ferguson and McClinton did not have to appeal the denial of their administrative breach of fiduciary claim for two reasons: [1] Section 8.7 states that they 'may appeal;' and [2] requiring them to appeal would be a futile exercise because the Retirement Committee already decided Drake's appeal which involves the same claims and sought-after remedies." [Ferguson v. BBVA Compass Bancshares, Inc., No. 19-1135 (N.D. Ala. Feb. 19, 2021)]

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