By Scott Sherman, Matthew Zischke and Niki Patel ( November 4, 2026, 10:15 AM EST) -- On Oct. 13, the U.S. Court of Appeals for the Eleventh Circuit, sitting as a full court in Bolton v. Inland Fresh Seafood Corp. of America Inc., overruled its more-than-40-year-old decision in Mason v. Continental Group Inc., to the extent Mason and its progeny held that the Employee Retirement Income Security Act requires exhaustion of administrative remedies before a participant may bring a statutory claim, including a claim for breach of fiduciary duty....
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