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Administrative Exhaustion, Futility and the Last Refuge of the Scoundrel

By Stephen Rosenberg on September 10, 2014
Posted in Benefit Litigation

When it comes to claims of futility as an explanation for failing to exhaust administrative remedies in pursuing benefits under an ERISA governed plan, I have long summed up my feelings with a pithy rephrasing of Samuel Johnson’s famous line about patriotism, which I have turned into the somewhat flippant comment that “futility is…

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The Boston ERISA and Insurance Litigation Blog is intended to provide you, the reader, with timely and useful information concerning current legal developments in two of my litigation specialties – and favorite topics – ERISA and insurance coverage.
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