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Statutory Claims in the Eleventh Circuit: The Beginning of the End for Exhaustion?
Kantor & Kantor
Oct. 22, 2025 "The plaintiffs contend that the defendants caused the plan to overpay for the stock by tens of millions of dollars ... [and] sought equitable relief ... [P]laintiffs contended that [1] they had no obligation to exhaust the plan's internal appeals, and [2] assuming such an obligation existed, they should be excused from that requirement.... The Eleventh Circuit began by acknowledging that while '[a]ll circuits require exhaustion in the ERISA context,' the Eleventh Circuit was special. 'Where we diverge is in our application of the exhaustion requirement to statutory violation claims.' " [Bolton v. Inland Fresh Seafood Corp. of Am., Inc., No. 24-10084 (11th Cir. Oct. 15, 2025)] MORE >> |
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