Interpretation or statutory violation? Why it matters when deciding remedies
Abstract: Do ERISA plan participants who believe a plan has treated them unjustly have to exhaust their administrative remedies before filing an action in court? Last year, the U.S. Sixth Circuit Court of Appeals joined all but two other circuits in finding that plan participants don’t have to do so. This article examines the split between the circuits and the Sixth Circuit’s conclusion. Hitchcock, et al. v. Cumberland Univ., et al., No. 16-5942 (6th Cir. 2017).