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Statute of Limitations › Duty of Prudence

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

Dechert LLP on

The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Adler Pollock & Sheehan P.C.

U.S. Supreme Court Rules That Employers Must Periodically Review Investment Options In 401(k) Plans And Remove Imprudent Funds

Adler Pollock & Sheehan P.C. on

An employer has fiduciary duties with respect to the 401(k) plan it provides its employees. Those duties include the obligation to choose prudent investment options and to consider the fees associated with service providers...more

King & Spalding

UPDATE: The U.S. Supreme Court Decides ERISA Statute of Limitations Case – Implications for Plan Fiduciaries

King & Spalding on

Last November, we reported that the Supreme Court had granted certiorari in Tibble v. Edison International, a Ninth Circuit decision holding that a claim that a plan fiduciary breached its duty of prudence in selecting plan...more

McDermott Will & Emery

DOL Clarifies Fiduciary Duties for Defined Contribution Plan Sponsors Offering Annuity Contracts

McDermott Will & Emery on

The availability of annuity options under defined contribution plans has increased in recent years due to the shift from defined benefit to defined contribution plans. Fiduciaries, however, are often concerned with potential...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2015

Proskauer Rose LLP on

Editor's Overview - In this month's newsletter, Anthony Cacace analyzes the heavily anticipated Supreme Court ruling in Tibble v. Edison Intl., 135 S. Ct. 1823 (2015), where the Court held that ERISA's fiduciary duty of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Advisors Advantage - June 2015

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

In This Issue: - For Retirement Plan Providers, It's All About Making A Connection - DOL Comment Period Extended - Supreme Trouble with Tibbles - My Referrals Aren't For Sale And Neither Should Yours ...more

Parker Poe Adams & Bernstein LLP

Supreme Court Affirms Duty to Monitor Plan Investments

Parker Poe Adams & Bernstein LLP on

The Supreme Court’s decision will undermine a plan fiduciary’s ability to assert a statute of limitations defense based on when an investment option was added; rather, the six year statute of limitations will be measured from...more

Cozen O'Connor

Supreme Court Expands Scope of Fiduciary Liability

Cozen O'Connor on

In Tibble v. Edison International, the U.S. Supreme Court expanded the scope of the duty of prudence owed by ERISA fiduciaries. Although ostensibly a case about the statute of limitations, the Court ruled that trustees of...more

Weintraub Tobin

Supreme Court Hits Home Run for 401(K) Plan Beneficiaries

Weintraub Tobin on

This week’s decision by the United States Supreme Court in Tibble v. Edison International, 2015 U.S. LEXIS 3171 (May 18, 2015), is expected to trigger an increase in lawsuits against 401(k) plan fiduciaries....more

Dickinson Wright

U.S. Supreme Court Decision on ERISA Fiduciary Duty Statute of Limitations Case Provides Broad Principle But Little Practical...

Dickinson Wright on

Last week the U.S. Supreme Court issued its opinion in Tibble v. Edison International, a highly anticipated case involving whether ERISA’s six year statute of limitations for breach of fiduciary duty claims prevented a claim...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Supreme Trouble with Tibble

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

While the Supreme Court ruled in the monumental 401(k) case Tibble v. Edison that mostly dealt with statute of limitations issues, one could read something into it a little more. Tibble was the case where the District...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Recognizes ERISA Fiduciary Duty to Monitor Plan Investments"

Skadden, Arps, Slate, Meagher & Flom LLP on

On May 18, 2015, a unanimous U.S. Supreme Court held in Tibble v. Edison International1 that fiduciaries who select investment options for 401(k) plans have a continuing duty under the Employee Retirement Income Security Act...more

King & Spalding

U.S. Supreme Court to Decide ERISA Statute of Limitations Case

King & Spalding on

ERISA Section 413 generally sets forth a six year statute of limitations for bringing claims for fiduciary breach. On October 2, 2014, the Supreme Court granted certiorari in Tibble v. Edison International to decide whether a...more

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