Category Archives: Exhaustion

When does the Clock Start Ticking For the Deadline to File an ERISA Suit?

My Friend Steve Krafchick, one of the best ERISA lawyers in the country, handled a case for Ms. Julie Heimeshoff against Hartford. The insurance policy said that any suit for benefits against Hartford had to be filed within 3 years of the date proof of loss was first due. As a general rule, proof of […]

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Court rules that ERISA plaintiff can introduce new legal theory in court litigation

A federal district court in North Carolina recently ruled that an ERISA claimant may raise legal issues not raised in the administrative process.  Vincent v. Lucent Technologies, Inc., 3:07-CV-240 (WD NC 8/24/2010) Plaintiff was a Lucent employee whose job was outsourced to another company.  Although working for a different company, Ms. Vincent “remained in the […]

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