Pens. Plan Guide P 23925i Faith Wilczynski v. Lumbermens Mutual Casualty Company

How courts have described this case

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

• concluding that is so because § 502(c)(2) imposes sanctions on the “plan administrator,” while § 503 imposes requirements on the “plan,” and because the language in § 502(c)(2
• holding that the penalty provision of section 502(c) did not apply because the duty allegedly violated was: (i) placed on plans and not administrators; and (ii) created by regulation and not by statute
• declaring “[a] plaintiff’s failure to exhaust administrative remedies is excused . . . where exhaustion of internal remedies would be futile”
• recognizing the futility exception to administrative exhaustion
• “The parties agree that Ms. Wilczynski did not complete the final level of Lumbermens’ internal administrative review.”
• although plaintiff’s contention that she was denied a copy of her disability 36 No. 07-1109 claim file failed to state a claim for statutory penalties under section 1132(c

Source: CourtListener parenthetical corpus (CC0).