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Clinic Owners Alleging $646,000 Pension Seizure Lack ERISA Claim

Sept. 16, 2021, 3:12 PM

The owners of a hormone replacement clinic who had a $646,027 pension account seized by the state lost their federal lawsuit to recoup the money, because they waived their ERISA claim by first seeking relief with the Tennessee Claims Commission.

A party that files a claim with the commission waives any corresponding federal causes of action, including the Employee Retirement Income Security Act claim raised here, Judge Eli Richardson of the U.S. District Court for the Middle District of Tennessee said in an opinion docketed Wednesday.

This principle has been recognized by the U.S. Court of Appeals for the Sixth ...

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