Dennis Paese v. Hartford Life and Accident Insurance Company

How courts have described this case

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

• holding that failure to exhaust administrative remedies under ERISA is an affirmative defense
• holding exhaustion not required when “any reasonable person in [plaintiff]’s situation would necessarily conclude that it would have been futile”
• holding “that a failure to exhaust ERISA administrative remedies is not jurisdictional, but is an affirmative defense.”
• holding that “‘culpability’ and 23 ‘bad faith’ are distinct standards”
• noting that “our case law has been somewhat casual when discussing the judicially-created exhaustion requirements under section 502(a)(1)(B
• stating that a “claim-processing rule” is “subject to equitable considerations such as waiver, estoppel[,] or futility”

Source: CourtListener parenthetical corpus (CC0).