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Text of Amicus Brief by American Benefits Council Urging Supreme Court Review of Statute of Limitations Applicable for Fiduciary Breach Claim Based on Fraud (PDF)
American Benefits Council Link to more items from this source
Sept. 30, 2015
30 pages. "Under the rule handed down in this case, ERISA plans can now be sued for an isolated statement that may or may not have been made by a representative of the plan or employer in the distant past.... Given that many misrepresentation claims are brought in the form of class actions or with multiple plaintiffs, the Tenth Circuit's decision will dramatically increase the potential liability of ERISA plans and could ultimately discourage employers from offering benefit plans in the first place." [Fulghum v. Embarq Corp., No. 13-3230 (10th Cir. Apr. 27, 2015; cert. pet. filed Aug. 25, 2015)]

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