Scott Burnett Smith Quoted in Law360 on Argument Sessions to Watch in May

Bradley attorney Scott Burnett Smith was quoted in Law360 on notable argument sessions to watch for in May. One of these notable cases Smith highlighted is Rani Bolton et al. v. Inland Fresh Seafood Corp. Of America et al.

Smith said he’s watching the Eleventh Circuit appeal for the administrative exhaustion issue and took note of how the appellate court rejected the ex-workers' request to initially hear the case en banc.

“A later panel cannot change what an earlier panel did, and because the Lanfear rule goes back decades in the Eleventh Circuit, the panel will have to apply it or try to figure out a way around it,” Smith explained.

Smith said he thinks the Supreme Court is interested in ERISA administrative exhaustion, pointing to a concurrence from Chief Justice John Roberts in LaRue v. DeWolff Boberg & Associates Inc. from 2008, which Justice Anthony Kennedy joined. In that concurrence, Justice Roberts pointed out that the high court had yet to address whether participants must first exhaust administrative remedies before bringing an ERISA fiduciary breach claim.

“It’s his view, joined by Justice Kennedy, back in 2008, that there are good reasons why you have exhaustion,” Smith noted.

The full article, “3 Argument Sessions Benefits Attys Should Watch In May,” was published by Law360 on May 2, 2025. (login required)