No Statutory Penalties for Failure to Participate in Litigation Discovery

ERISA imposes a statutory penalty of $110 per day if a plan administrator fails to provide certain plan documents at the request of a plan participant.  See 29 U.S.C. § 1132(c)(1).  A court has held that a refusal to produce such documents in response to a litigation discovery request does not trigger the statutory penalties.  See Kujanek v. Houston Poly Bad I, Limited, No. 10-20664 (5th Cir. Sept. 27, 2011).

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