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Recent Court Decisions Extend the Statute of Limitations for Breach of Fiduciary Duty Lawsuits Under ERISA
Verrill Dana LLPLink to more items from this source
Oct. 1, 2021

"Recently, the DOL successfully argued that the Supreme Court's decision in Sulyma should serve as precedent to extend the statute of limitations for the DOL to bring fiduciary breach claims against plan fiduciaries.... The defendant [in this case] maintained that the Form 5500 filed in October of 2013 contained sufficient information to alert the DOL of the alleged breach.... [The court] held for the DOL, finding that the DOL did not have actual knowledge until it reviewed the Form 5500 in December of 2014." [Walsh v. Bowers, No. 18-0155 (D. Hawaii, Sep. 17, 2021)]

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