Rani Bolton, et al v. Inland Fresh Seafood Corporation of America, Inc., et al

11th CircuitOct 15, 2025

Split Score

SplitScore: 75/100

Case Summary

Disposition

Affirmed

The Eleventh Circuit affirmed the district court’s dismissal of class-based ERISA fiduciary-breach claims because the plaintiffs failed to exhaust the plan’s internal administrative remedies before suing. The panel held that, under binding circuit precedent, exhaustion is mandatory for statutory and fiduciary-breach claims and none of the plaintiffs’ excuses—futility, plan language, or inadequate remedy—applied; it remanded only so the trial court can clarify whether the dismissal is without prejudice.

Circuit Split Identified

Legal Issue

Whether ERISA plaintiffs asserting statutory or fiduciary-breach claims (as opposed to simple benefit-denial claims) must exhaust a plan’s internal administrative remedies before filing suit in federal court.

Circuit Positions

11th Circuit(this circuit)

Mandatory exhaustion of administrative remedies for ERISA fiduciary-breach/statutory claims.

3rd Circuit4th Circuit5th Circuit6th Circuit9th Circuit10th Circuit

Exhaustion not required for ERISA fiduciary-breach/statutory claims.

7th Circuit

Exhaustion generally favored but left to district-court discretion for fiduciary-breach/statutory claims.

Conflict Summary

The Eleventh Circuit continues to require mandatory, pre-suit exhaustion for all ERISA claims, including statutory and fiduciary-breach causes of action. In contrast, the Third, Fourth, Fifth, Sixth, Ninth, Tenth, and D.C. Circuits hold that exhaustion is not required for statutory/fiduciary-breach actions, and the Seventh Circuit treats exhaustion for such claims as discretionary rather than mandatory.

Parties & Counsel

Parties

Appellant:Rani Bolton, Alison Mercker, James Armstrong, Benjamin Lyman, and Melissa Suter, on behalf of the Inland Fresh Seafood Corporation of America, Inc. Employee Stock Ownership Plan
Appellee:Inland Fresh Seafood Corporation of America, Inc. and associated fiduciaries (Joel Knox, Bill Demmond, Chris Rosenberger, Les Schneider, et al.)

Opinion Document