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An ERISA plaintiff whose suit was put on hold to let her exhaust administrative remedies with an insurer cannot later return to court seeking attorney fees, a federal judge has ruled in a case of first impression within the 3rd Circuit. U.S. District Judge Michael M. Baylson concluded federal courts have no jurisdiction over such a case and found the plaintiff filed her original suit "prematurely" since she had not yet pursued all her internal appeals.
January 12, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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