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Eleventh Circuit Asked to Revisit Exhaustion Requirement for ERISA Fiduciary Claims
Miller & Chevalier 
Nov. 13, 2025 "The plaintiffs-appellants assert that en banc review should be granted because it 'will [] further ERISA's goals of establishing a uniform regulatory regime over employee benefit plans.' They point out that 'a total of seven other circuits have rejected an exhaustion requirement for fiduciary breach and statutory claims under ERISA' and argue that if the case had of been brought in 'virtually any other circuit, Plaintiffs would have been permitted to proceed on the merits.' " [Bolton v. Inland Fresh Seafood Corp. of Am., Inc., No. 24-10084 (11th Cir. Oct. 15, 2025; pet. for rehearing filed Nov. 5, 2025)] MORE >> |
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