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Ninth Circuit Opines on Effect of Actual Knowledge on ERISA's Statute of Limitations
McDermott Will & Emery in National Law Review 
Jan. 7, 2019 "The Ninth Circuit's holding on this point make sense; a prohibited-transaction claim can be brought based solely on knowledge that a transaction occurred, thus the date a plaintiff learns of the transaction should start the three-year limitations period. But the Ninth Circuit's interpretation of 'actual knowledge' is practically problematic. A defendant will have to prove that a plaintiff in fact read materials in order to show a plaintiff had knowledge of facts contained in those materials." [Sulyma v. Intel Corp. Investment Policy Comm., No. 17-15864 (9th Cir. Nov. 28, 2018)] MORE >> |
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