DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

091880P.pdf   04/02/2010  Diane Chorosevic  v.  MetLife Choices
   U.S. Court of Appeals Case No:  09-1880
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and
   Wollman, Circuit Judge]
   Civil case - ERISA. In case involving calculation of secondary benefits
   for ERISA plans with coordination of benefits provisions, the district
   court did not err in concluding the claims were barred because plaintiffs
   had failed to exhaust their administrative remedies; the Plan was not
   estopped from asserting failure to exhaust, and the claims could not be
   considered "deemed" exhausted; claim that additional efforts to exhaust
   would have been futile is rejected; district court did not abuse its
   discretion in allowing defendants to file answers out of time; district
   court did not err in denying plaintiffs' request for class certification.