Unique ERISA Barriers of 11th Cir. Won't Go Before Full Court - Bloomberg Law
An appeal asking the Eleventh Circuit to reconsider the unique barriers it places on benefit plan participants claiming fiduciary breach won’t be heard by the court’s full slate of judges.
The Thursday announcement is a setback for Inland Fresh Seafood Corp. of America Inc. workers, who asked the US Court of Appeals for the Eleventh Circuit for an initial en banc hearing in a lawsuit over their employee stock ownership plan. The workers want the court to disavow its outlier approach of requiring benefit plan participants to exhaust their plan’s internal appeals process before filing fiduciary breach claims in federal ...
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