In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported class claims alleging imprudent and disloyal management of 401(k) investments. This decision, although unpublished, provides support for plans wishing to add binding arbitration

The US Supreme Court declined to review a recent Ninth Circuit decision, blocking the interim rules that exempted employers with religious or moral objections from providing birth control coverage required by the Affordable Care Act (ACA). Until such time as this issue is clarified, it is prudent for employers with employees in certain states to

Preemption technically means situations where federal law displaces state law: a function of the supremacy clause of the US Constitution. Often, lawyers speak of preemption even where it is one federal law displacing another or one state law displacing another. When statutory laws abut or overlap like tectonic plates, which should apply?

As large-scale cases

The US Supreme Court recently agreed to hear Sulyma v. Intel Corp. Investment Policy Committee, a case in which the Ninth Circuit ruled that ERISA’s three-year statute of limitations requires a plaintiff to actually read materials in order to start the running of ERISA’s three-year statute of limitations. ERISA § 413(2) bars actions more than three years after “the earliest date on which the plaintiff had actual knowledge of the breach or violation,” and the Ninth Circuit held that a plaintiff who receives all the relevant information relating to her claim, but does not read it or does not recall reading it, does not have “actual knowledge” to start the limitations period. The Sixth Circuit, however, has held differently; in Brown v. Owens Corning Investment Review Committee, 622 F.3d 564, 571 (6th Cir. 2010), it held that the failure to read documents will not shield a plaintiff from having actual knowledge of the documents’ contents. Several district courts have held similarly, determining that the three-year limitations period begins when the plaintiff receives the relevant information, whether she reads it or not.
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