Judge Says Alternative Claim Pleading Permissible Under ERISA

Mealey's (May 20, 2021, 1:37 PM EDT) -- DENVER — In the absence of guidance from the 10th Circuit U.S. Court of Appeals on whether the Employee Retirement Income Security Act permits alternative claims at the pleading stage, a federal judge in Colorado on May 18 partially denied defendants’ motions, saying federal pleading rules, an in-district ruling and precedent from outside the circuit warrant allowing the claims to proceed....