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|Sixth Circuit Ruling Highlights Longstanding Questions About Federal Civil Procedures in ERISA Litigation|
DeBofsky Sherman Casciari Reynolds P.C.
Nov. 18, 2021
"Judge Murphy's concurrence, coupled with Judge Thapar's concurring opinion questioning the requirement of administrative exhaustion prior to filing suit on an ERISA claim, has opened a long-overdue dialogue on a number of questionable practices used by courts in ERISA litigation that deviate from the Federal Rules of Civil Procedure and have never been addressed by the Supreme Court." [Card v. Principal Life Ins. Co., No. 20-6217 (6th Cir. Nov. 2, 2021)]
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