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Text of Amicus Brief by Employer Organizations Urging Supreme Court to Affirm ERISA's Six-Year Statute of Limitations for Alleged Fiduciary Breach Claims (PDF)
The ERISA Industry Committee [ERIC], National Association of Manufacturers [NAM], American Benefits Council, U.S. Chamber of Commerce, and Business RoundtableLink to more items from this source
Jan. 25, 2015
"Petitioners attempt to avoid the clear import of [ERISA] Section 413(1) and subvert Congress's considered judgment that six years is sufficient by advancing an interpretation of a fiduciary's duty to monitor that would render fiduciaries perpetually liable for allegedly imprudent decisions made more than six years before. This Court should reject this effort to rewrite Section 413(1), which would effectively transform it from a statute of repose into a rolling limitation on damages, and instead preserve the careful balance struck by Congress when it crafted ERISA." [Tibble v. Edison International, No. 13-550 (U.S., cert. pet. granted Oct. 2, 2014)]

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