Outlier ERISA Rule on Chopping Block, 11th Cir. Judges Suggest

A unique barrier to bringing ERISA class actions in the Eleventh Circuit looks to be in peril, with multiple judges appearing willing to abandon the judge-made rule during en banc arguments Tuesday in Atlanta.

Chief Judge William H. Pryor Jr. seemed to support eliminating any judge-imposed administrative exhaustion requirement for ERISA fiduciary breach claims while allowing employers to write comparable requirements into their benefit plan documents. Other judges questioned whether overruling the circuit’s administrative exhaustion rule in this manner would just result in employers adding these requirements to their plans.

Sean Soyars, the Schlichter Bogard LLC attorney urging the ...