News & Analysis as of

Can't You Hear Me Knocking? Amending ERISA

On October 15, 2013, the United States Supreme Court issued its opinion in Heimeshoff v. Hartford Life & Accident Ins. Co., 134 S.Ct. 604 (2013). The specific question before the Court in that case, as expressly stated by...more

Do Your Plans Include a Time Limit on a Participant’s Right to Sue?

Some, but far from all, employee benefit plans set a limit on the amount of time a participant has to file a lawsuit claiming benefits under the plan. Until recently, however, not all courts would recognize these plan...more

Employers Should Determine The Reasonableness Of Their Benefit Plans' Limitations Period Based On A Recent U.S. Supreme Court...

In Heimeshoff v. Hartford Life & Accident Insurance Co., the Supreme Court recently upheld a plan-imposed limitations period on a participant’s right to file suit for benefits so long as that period is not unreasonably short...more

Take It to the Limit – The High Court Reviews When ERISA Plan Limitation of Actions Period Begins

It is well-settled that parties can contract for the length of a limitation of actions period. It also is well-settled that parties may contract for a limitation of actions period to start before the time to commence an...more

Supreme Court Unanimously Upholds ERISA Plan Limitation Periods

On December 16, 2013, the Supreme Court ruled in Heimeshoff v. Hartford Life Insurance (U.S., No. 12-729, 12/16/13), that a contractual limitation period for challenging a denial of benefits under an ERISA-governed plan may...more

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