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401(k) Participant's Claim in Proprietary Mutual Funds Lawsuit was Barred by Statute of Limitations, Says Eleventh Circuit
ERISA Lawyer Blog 
Mar. 5, 2014
"Because the plaintiff's allegations concerning the defendant's failure to remove the mutual funds are in all relevant respects identical to the allegations concerning the selection process, the Court concluded that Fuller's complaint contains no factual allegation that would allow it to distinguish between the alleged imprudent acts occurring at selection from the alleged imprudent acts occurring thereafter. Thus, Fuller's claims, at their core, are a challenge to the initial selection of the mutual funds, and the failure to remove them is not a separate breach." [Fuller v. SunTrust, No. 12-16217 (11th Cir. Feb. 26, 2014)]
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