June 02, 2026
Several Eleventh Circuit judges voiced support during en banc arguments Tuesday for overturning precedent backing the appellate court's exhaustion requirement for federal benefits claims, signaling the potential reinstatement of a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.
May 27, 2026
The Eleventh Circuit Wednesday granted the U.S. Department of Labor permission to argue as amicus in support of a seafood company in a worker-side appeal seeking to revive allegations of mismanagement of an employee stock ownership plan, which the full appellate court has agreed to consider in September.
April 09, 2026
The U.S. Department of Labor urged the full Eleventh Circuit to overturn precedent making it the only appellate court requiring workers to exhaust administrative remedies before bringing any statutory claims under the Employee Retirement Income Security Act. arguing that the standard is unfair and in conflict with ERISA.
March 19, 2026
Former workers for a seafood company urged the full Eleventh Circuit to overturn precedent that led a three-judge panel to uphold dismissal of their suit alleging mismanagement of an employee stock ownership plan, arguing the court's strictest-in-the-nation standard on exhausting administrative remedies didn't align with federal benefits law.
January 27, 2026
The full Eleventh Circuit will rehear a proposed class of seafood company workers' bid to revive mismanagement allegations against their employer and an employee stock ownership plan trustee, the court said Tuesday, after a three-judge panel affirmed dismissal of the case in October.
December 12, 2025
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
November 07, 2025
Two appeals court judges used a decision in an employee stock ownership plan case to urge the full Eleventh Circuit to rethink its requirements for filing federal benefits suits, a marketing company shut down a 401(k) forfeiture case, and CVS and Duke University were hit with new suits. Here, Law360 looks back at six noteworthy ERISA developments from last month.
November 06, 2025
Workers for a seafood company urged the Eleventh Circuit to rethink a panel's decision in October that upheld dismissal of their suit accusing the company of employee stock ownership plan mismanagement, arguing the full court should overturn appellate precedent that led to the three-judge panel's decision.
October 17, 2025
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
October 15, 2025
The Eleventh Circuit on Wednesday backed the dismissal of a proposed class action from ex-seafood company workers who claimed their employee stock ownership plan had been mismanaged, but left open the possibility that the former workers could resuscitate their suit at the trial court.