Therefore, the circuit courts generally have refused to apply the ERISA statute of limitations to any ERISA action that arises under a provision other than the fiduciary duty section for plan recoveries. These other ERISA causes of action are most notably the informational penalty lawsuit, the benefits due lawsuit, the equitable remedy lawsuit to enforce …
“ERISA provides certain minimal procedural requirements upon an administrator’s denial of a benefits claim.” Wade v. Hewlett-Packard Dev. Co. LP Short Term Disability Plan, 493 F.3d 533, 539 (5th Cir. 2007). The plan administrator must “provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, …
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