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Unanimous Supreme Court in Heimeshoff Permits Contractually-Based Statues of Limitations in ERISA Denial of Benefit Cases
Paul Secunda in Workplace Prof Blog 
Dec. 16, 2013 "[T]he one part of the decision that seemed fanciful [to this author] was this idea that plan participants and beneficiaries 'agree' with their plans to these [statutes of limitations]. The Court said this with regard to this critical aspect of the case: 'the parties have agreed by contract to commence the limitations period at a particular time.' ... [B]enefit plans are classic contracts of adhesion with usually no bargaining between the parties taking place. It is legal fiction to say that most participants consented to this provision." MORE >> |
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