Block & Leviton Wins 9-0 At The Supreme Court

Case preserves six-year ERISA statute of limitations.

Block & Leviton, along with co-counsel Gupta Wessler PLLC, Creitz & Serebin LLP, and Bailey Glasser LLP, were victorious at the Supreme Court with a 9-0 win in an opinion written by Justice Alito. As the opinion described:

The Employee Retirement Income Security Act of 1974(ERISA) requires plaintiffs with “actual knowledge” of analleged fiduciary breach to file suit within three years ofgaining that knowledge rather than within the 6-year pe-riod that would otherwise apply. §413(a)(2)(A), 88 Stat.889, as amended, 29 U. S. C. §1113. The question here iswhether a plaintiff necessarily has “actual knowledge” of the information contained in disclosures that he receivesbut does not read or cannot recall reading. We hold that he does not and therefore affirm.

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June 30, 2020

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