LIMITATION OF ACTIONS

: : Plaintiff FailsTo Show Breach of Fiduciary Duty By Misrepresentation or Omission

The Court now turns to the heart of the present controversy: whether either party is entitled to summary judgment on Ms. Staropoli’s claims that the Benefits Executive breached its fiduciary duties. A fiduciary may breach its duties by “either a misrepresentation or an omission.” In re Unisys Corp. Retiree Med. Benefits ERISA Litig., 579 F.3d …

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:: Service Provider’s Notice Of Overpayment Imputed To Plan Administrator

In short, Hewitt was hired by the Committee to handle pension estimates. Hewitt was the agent of the Committee in handling estimates of anticipated retirement benefits. Hewitt was alerted to its mistake and took action to prevent its repeat, but repeated the mistake nonetheless. Hewitt’s “flagging” Frawley’s account proves it knew of the problem. Hewitt’s …

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:: “Clear Repudiation Rule” Applied In Determination That Benefits Claim Was Time-Barred

Underpayment of a benefit constitutes a repudiation of full benefits and triggers the statute of limitations. Id. at 521. The record is clear that the plaintiff was well aware of the underpayment more than four years before filing suit, as evidenced by a number of letters between the defendant and Mr. Bryer’s then-counsel, culminating in …

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:: Court Rejects Imputation Of Counsel’s Knowledge To Plaintiff Class In ERISA Fiduciary Action

[This case was affirmed in 710 F.3d 57 (2d Cir. 2013) (explaining that “a new cause of action accrues for each violation where separate violations of the same type, or character, are repeated over time”).] The thrust of the plaintiffs’ claims in the present case are that not only did the defendants fail to return reserves …

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