· 2/22/1971
Tape Industries Ass'n of America v. Younger
Citations
- 401 U.S. 902
- 91 S. Ct. 880
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- agreeing that futility argument lacked merit where employee \never even asked for 70/80 retirement\
- upholding district court’s denial of leave to amend, reasoning that “it is plain that allowing the amendment here would inject new issues into the case requiring extensive discovery”
- “Although the exhaustion requirement is strictly enforced, courts have recognized an exception when resort to the administrative process would be futile.”
- where an employee is constructively discharged, employee would not necessarily have to return to work in order to have standing to claim a make whole remedy
- “[T]his Circuit has apparently rejected the reasoning that substantive remedies, such as the severance pay the Employees seek on appeal, are available for violations of ERISA’s procedural requirements.”
- “The Employees are not required to exhaust their administrative remedies before seeking judicial relief on their claim that Edgewater's amendment of the Plan violates § 510 of ERISA”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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