Dismissal Arguments Made In ERISA Suit Over Fraudster’s Account-Stripping

Mealey's (October 7, 2022, 11:34 AM EDT) -- NEW YORK — The parties in a retirement plan participant’s suit alleging that the defendants should have acted differently to prevent a fraudster from stripping her account are sparring in New York federal court over issues including whether the participant has adequately alleged that the defendants are functional fiduciaries under the Employee Retirement Income Security Act and whether the plaintiff is required to exhaust administrative remedies....

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