Interlocutory Appeal Of ERISA Exhaustion And Time-Bar Issues Not Justified, Participant Says

Mealey's (September 9, 2020, 3:18 PM EDT) -- NEW YORK — A participant in Goldman Sachs' 401(k) plan told a federal judge in New York on Sept. 4 that Goldman Sachs failed to satisfy the "strict prerequisites" for interlocutory appeal of the district court's rulings that Employee Retirement Income Security Act's limitations period controls, despite a shorter period specified in the plan, and that exhaustion of administrative remedies is not required for ERISA statutory claims that Goldman Sachs and plan managers breached their fiduciary duties by maintaining underperforming, high-cost, proprietary funds in the plan (Leonid Falberg v. The Goldman Sachs Group Inc., et al., No. 19-9910, S.D. N.Y.)....