ERISA Benefits Litigation Defenses: Exhaustion of Administrative Remedies and Statute of Limitations
Leveraging Pre-Trial Defenses Amid Divergent Court Standards
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to attorneys defending ERISA claims on the exhaustion of administrative remedies defense and crafting plan provisions to preserve the exhaustion defense and limit litigation over outdated claims.
- Exhaustion of administrative remedies defense
- Applicability to Section 502 (a)(1)(b) benefits due claims
- Applicability to Section 502(a)(2) and (a)(3) breach of fiduciary duty claims
- Futility exception
- Issues exhaustion
- Statute of limitations and contractual limitations
- Accrual of claims
- Plan design for the claims administration process
- Scope of claims subject to the administrative process
- Appeals procedures
- Production of relevant information and documents
- Forum selection and arbitration clauses
- Statute of limitations
The panel will review these and other key questions:
- How do courts apply the exhaustion of administrative remedies requirement to breach of fiduciary duties claims?
- What is issues exhaustion and how can plans address this issue?
- How can plans preserve and maximize the administrative exhaustion defense through plan design?
Todd D. Wozniak
He is a trial lawyer who defends companies and public institutions nationwide in labor and employment, ERISA, and... | Read More
He is a trial lawyer who defends companies and public institutions nationwide in labor and employment, ERISA, and business disputes. He is experienced in ERISA and employee benefits litigation, wage/hour litigation, state and federal whistle-blower statutes, non-discrimination laws, plant closing and mass layoff laws, collective bargaining and traditional labor relations.Close
Patrick W. Spangler
His practice focuses on employment discrimination, wrongful discharge and ERISA litigation, employee benefit plan... | Read More
His practice focuses on employment discrimination, wrongful discharge and ERISA litigation, employee benefit plan design and administration, and, traditional labor matters. He has significant ERISA litigation experience defending individual, class action and multiparty litigation alleging breach of fiduciary duty, denial of pension/welfare benefits, discrimination in benefits and ERISA preemption.Close
Patrick C. DiCarlo
Alston & Bird
Mr. DiCarlo focuses his practice on ERISA litigation and represents retirement and welfare plans in claims for... | Read More
Mr. DiCarlo focuses his practice on ERISA litigation and represents retirement and welfare plans in claims for benefits or fiduciary breach. He has represented some of the country's largest companies in service provider fee issues, suits challenging the prudence of plan investments, executive compensation disputes, disclosure issues, and challenges to benefit claim review procedures and decisions.Close