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ERISA: Exhausting Remedies

By Gene Markin on May 12, 2011
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As a general rule a party must exhaust its administrative remedies before it can invoke the jurisdiction of the courts. However, the Third, Fourth, Fifth, Sixth, Ninth, and Tenth Circuits have all held that exhaustion is not a prerequisite to suits alleging statutory ERISA violations.

One potential administrative remedy that employees should consider is filing a complaint with the US Department of Labor, Employee Benefits Security Administration.

Photo of Gene Markin Gene Markin

Gene Markin is a Shareholder in Stark & Stark’s Complex Commercial Litigation and Intellectual Property Groups where he concentrates his practice on complex litigation matters involving copyright protection and infringement, trademark and trade dress infringement and enforcement, trade secret litigation, false advertising, domain…

Gene Markin is a Shareholder in Stark & Stark’s Complex Commercial Litigation and Intellectual Property Groups where he concentrates his practice on complex litigation matters involving copyright protection and infringement, trademark and trade dress infringement and enforcement, trade secret litigation, false advertising, domain name disputes, unfair competition, class actions, fraud and consumer fraud, shareholder and partner disputes, breach of contract, RICO actions, and state licensing agency appeals.

If you have any questions, please contact Gene Markin, Esq. at (609) 895-7248 or gmarkin@stark-stark.com.

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  • Posted in:
    Employment & Labor
  • Blog:
    New Jersey Law Blog
  • Organization:
    Stark & Stark
  • Article: View Original Source

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