"The appeals court held that unless the undisputed record established that Sulyma specifically reviewed the provided materials and was 'actually aware' of the disclosed information, summary judgment based on the limitations defense must be denied.... According to Intel, allowing the 9th Circuit's holding to stand would reward participants who decide to ignore the disclosure materials that are meant to empower them to enforce their rights under ERISA.... In this call for a 'plain meaning' interpretation of 'actual knowledge,' Sulyma is joined by the federal government, which filed a 'friend of the court' brief and will participate in the oral argument. " [Sulyma v. Intel Corp. Investment Policy Comm., No. 17-15864 (9th Cir. Nov. 28, 2018; cert. pet. granted June 10, 2019; oral arg. sched. Dec. 4, 2019)]  MORE >>