Davenport v. Harry N. Abrams, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding exhaustion required where claimant asserted eligibility to participate as an independent contractor under the terms of the benefit plan
• affirming dismissal on exhaustion grounds where plaintiff did not request a Summary Plan Description or any Plan documents until after the lawsuit was initiated
• Plaintiff “was required to exhaust even if she was ignorant of the proper claims procedure.”
• “Davenport was required to exhaust even if she was ignorant of the proper claims procedure.”
• informal correspondence between plaintiff and defendant regarding denial of benefits insufficient to establish futility
• “By its terms, ERISA allows for civil penalties.... ”

Source: CourtListener parenthetical corpus (CC0).