ERISA Litigation Pitfalls — The “Deemed Exhausted” Rule And Its Strict Compliance Standard

One of the most widely used defenses in ERISA litigation is a plaintiff’s failure to exhaust his or her administrative remedies. Although defendants often obtain early dismissal for failure to exhaust administrative remedies, there is a significant statutory pitfall that ERISA defendants must be aware of.

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Article reference: BBNA is the original publisher of the article titled "ERISA Litigation Pitfalls — The ‘‘Deemed Exhausted’’ Rule And Its Strict Compliance Standard" on 2 May 2018.

Reproduced with permission from Copyright © 2018 The Bureau of National Affairs, Inc. (800-372-1033)

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