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SCOTUS Holds Proof of ‘Actual Knowledge’ Required Under ERISA Statute of Limitations

The US Supreme Court handed workers a big win by preserving a six-year deadline to file ERISA class actions as the standard, but employers have already seized on language in Justice Samuel Alito's opinion as a road map for how to impose a shorter deadline. Justice Alito ended the unanimous opinion—which affirmed the Ninth Circuit's ruling that ERISA grants workers six years to sue except under special circumstances—by listing several tactics employers can use to invoke a three-year statute of limitations. McDermott’s Richard Pearl contributes to a Law360 article discussing the decision, including how employers should respond. Access the full article. Originally published on Law360, February 2020 See Richard Pearl's January 2019 On the Subject on this case: Ninth Circuit Clarifies 'Actual Knowledge' for ERISA’s Statute of Limitations

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The Biggest ERISA Decisions of 2019

In a relatively slow year for benefits rulings, multimillion-dollar settlements were the star of the show. And amid the slew of settlements this year, two court rulings stood out. McDermott’s Richard J. Pearl contributes to a Law360 article that breaks down the Ninth Circuit ruling allowing benefit plan managers to force fiduciary-breach suits into solo arbitration and the Tenth Circuit holding that insurers who determine workers’ profits from 401(k) investments aren’t fiduciaries. Access the full article. Originally published by Law360, December 2019

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