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Eleventh Circuit Joins Fourth Circuit in Rejecting Continuing Breach Approach to ERISA's Statute of Limitation
Womble Carlyle 
Mar. 11, 2014
"The Court found that the plaintiff's allegations in the Complaint concerning the SunTrust plan fiduciaries' failure to remove the funds from the 401(k) options were 'in all relevant respects identical to the allegations concerning the [initial] selection process.' ... As the Fourth Circuit Court of Appeals was careful to do in Alphin, the Fuller Court declared that it was declining to decide 'whether a fiduciary had an ongoing duty to remove imprudent investment options from a Plan in the absence of a material change in circumstances.' Rather, it described its ruling as limited to the prevention of a 'continuing violation theory,' which could thwart the purpose of ERISA's six-year statute of repose." [Fuller v. SunTrust Banks, Inc., No. 12-16217 (11th Cir. Feb. 26, 2014)]
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