ERISA Claims Can Go Forward Without Exhausting Plan Remedies, Federal Judge Says

Mealey's (May 15, 2020, 2:43 PM EDT) -- BIRMINGHAM, Ala. — Plan participants who accuse their Employment Retirement Income Security Act administrator of breach of fiduciary duty over an alleged $47 million mismanagement can pursue their federal court action without having exhausted the plan’s administrative remedies, a federal judge in Alabama ruled May 12 (Gloria Ferguson, et al. v. BBVA Compass Bancshares, Inc., et al., No. 19-cv-01135-MHH, N.D. Ala., 2020 U.S. Dist. LEXIS 82959)....