"[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 >>