Ravencraft v. Unum Life Insur. Co., 212 F.3d 341 (6^th Cir. 2000); 2000 FED App. 0163P (6^th Cir.) -After UNUM notified him that it rejected his claim for disability benefits, Ravencraft filed suit.  The district court found that Ravencraft had to first pursue administrative remedies.  The district court dismissed his case with prejudice.  This court reversed, stating that the district court should have exercised its discretion to dismiss without prejudice.

            Although ERISA does not explicitly command exhaustion, most circuits have found such a requirement. This court reiterated the exhaustion requirement in Baxter v. C.A. Muer Corp., 941 F.2d 451, 453-54 (6^th Cir. 1991).  The Sixth Circuit makes an exception only upon a showing of futility, which Ravencraft failed to demonstrate.  Lastly, this court cited Baxter's favorable treatment of Makar v. Health Care Corp. of Mid-Atlantic, 872 F.2d 80, 83 (4^th Cir. 1989) for the proposition that dismissal without prejudice is the appropriate action in cases such as this.