Groom principal Andrew Salek-Raham was quoted in a Law360 article, “11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend,” discussing the Eleventh Circuit’s decision to overturn decades-old precedent requiring administrative exhaustion for ERISA statutory claims.
The unanimous ruling eliminates the exhaustion requirement for statutory claims, including breach of fiduciary duty, while preserving existing requirements for most denial-of-benefits claims. Salek-Raham highlighted potential disputes over how claims are classified, questioning whether certain lawsuits are “really a claim for benefits that plaintiffs are trying to dress up as a breach of fiduciary duty claim” that should instead go through the administrative claims process.
To read the full article, click here.
