Statute of Limitations

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Good morning, ERISA Watchers!  There were several interesting decisions this past week including those involving discovery in disability cases subject to de novo review, rescission of medical benefits for undocumented immigrants, and an equitable surcharge remedy awarded against a breaching fiduciary in the life insurance context.  For this week’s notable decision, I want to highlight the unpublished Second Circuit decision in Arkun v. Unum Group, No. 17-3354, __F.App’x__, 2019 WL 1579589 (2d Cir. Apr. 12, 2019), a matter involving a late-filed lawsuit for long-term disability benefits.  This is a good reminder for all of us to review and calendar the limitations periods in our cases.  

Plaintiff-Appellant Arkun, a former tax attorney appearing pro se, appealed the district court’s grant of summary judgment to Unum Group upon finding the action is time barred under the group disability insurance policy’s (the “Policy”) applicable statute of limitations.
Continue Reading Second Circuit Holds Attorney’s Lawsuit for Disability Benefits Time-Barred under Policy’s Limitations Period

Good morning, ERISA Watchers!  It was quite the busy week for ERISA decisions, but I’m pleased to report that this week’s notable decision is a short and sweet statute of limitations decision in Foster v. Adams & Assocs., Inc., No. 18-CV-02723-JSC, __F.Supp.3d__, 2019 WL 943846 (N.D. Cal. Feb. 26, 2019).  Plaintiffs are participants and beneficiaries of the Adams and Associates Employee Stock Ownership Plan (“ESOP”).  They allege that Defendants violated their fiduciary duties under § 1106 by engaging in prohibited transactions when they sold all the stock in Adams and Associates, Inc. to the ESOP for above market value.  Plaintiffs also allege that certain defendants breached their fiduciary duties under § 1104 when they hired Alan Weissman as Trustee for the ESOP and when they failed to take any corrective action regarding his conduct related to a stock transaction.  (Click here to read more about the case allegations and Mr. Weissman’s indictment).
Continue Reading Court Rules that Suit Over Employee Stock Deal Led by Now-Felon Is Not Barred by Statute of Limitations