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Ninth Circuit Extends ERISA Deadline, Revives Untimely Appeal
Ogletree Deakins June 6, 2015
"The majority ... missed a significant issue. As argued by the dissent, the court was simply interpreting the unambiguous terms of an ERISA plan; there were no terms in the plan that extended the time if the deadline landed on a Saturday, Sunday, or holiday.... The opinion will not be hugely significant if it is limited to its specific facts. However, it will be far more problematic if it is a signal by the Ninth Circuit that the express and unambiguous terms of a plan can be changed or modified through the application of federal common law." [LeGras v. Aetna Life Ins. Co., No. 12-56541 (9th Cir. May 28, 2015)]
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