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Text of Tenth Circuit Opinion Clarifying Statute of Limitations Applicable for Fiduciary Breach Claim Based on Fraud (PDF)
U.S. Court of Appeals for the Tenth Circuit Link to more items from this source
Apr. 30, 2015
51 pages. "In their rehearing petition, Plaintiffs have clarified their claims and disavowed raising any claim pursuant to ... the ERISA provision governing claims alleging the denial of benefits.... It is for this reason that the original decision must be reassessed. Because it is now clear the Section 1132(a)(3) claims arise solely from an alleged violation of the duties imposed on plan fiduciaries pursuant to 29 U.S.C. Section 1104, the six-year statute of repose set out in 29 U.S.C. Section 1113, rather than a state statute of limitations, is applicable to Plaintiffs' breach of fiduciary duty claims.... Because Plaintiffs have not argued Defendants concealed their alleged breach of fiduciary duty, it is unnecessary to determine the scope of the concealment element of the statute of repose." [Fulghum v. Embarq, No. 13-3230 (10th Cir. Apr. 27, 2015)]

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