Exhaustion Doctrine › Employee Retirement Income Security Act

Second Circuit Decision Emphasizes Importance Of Having Clear Administrative Exhaustion Language In ERISA Plans

Kirkendall v. Halliburton, Inc., No. 11-CV-2733 (2d Cir. Jan. 29, 2013): The plaintiff filed a putative class action under the Employee Retirement Income Security Act (ERISA) seeking, among other things, a redetermination of...more

Second Circuit Narrows ERISA Exhaustion Requirement When Plan Document Is Ambiguous on Need to Follow Claims Procedures

The U.S. Court of Appeals for the Second Circuit’s holding in Kirkendall v. Halliburton, Inc. reaffirms that a benefit plan’s claims procedures must be drafted clearly and in language to be understood by a reasonable...more

Be Careful How You Word Your Claims Procedure

In a recent decision of the United States District Court for the Eastern District of Oklahoma, a retiree who had begun work as a union employee and who during his employment was promoted to a salaried position, sued his...more

The ERISA Litigation Newsletter - December 2012

In This Issue: - Editors' Overview - Supreme Court Revisits Meaning of 'Appropriate Equitable Relief' in US Airways v. McCutchen - Rulings, Filings, and Settlements of Interest ...more