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Text of Eleventh Circuit Opinion: ERISA's Six-Year Statute of Limitations is Subject to Express Waiver (PDF)
U.S. Court of Appeals for the Eleventh Circuit 
Oct. 16, 2017 "In particular, this interlocutory appeal requires us to determine whether a defendant is capable of expressly waiving the six-year statute of repose contained in ERISA Section 413(1) -- or whether instead, the protection provided by [that section] is so essential, so fundamental, that it (seemingly almost alone among personal rights) is inherently indefeasible and unwaivable. We won't bury the lede. In response to the district court's certified question, we answer yes -- [that section's] statute of repose is subject to express waiver." [Sec'y, U.S. Dept of Labor v. Preston, No. 17-10833 (11th Cir. Oct. 12, 2017)] MORE >> |
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