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ERISA Time Limits Can Be Waived, 11th Circ. Says

Law360, New York (October 12, 2017, 7:20 PM EDT) -- The Eleventh Circuit on Thursday ruled that a limitations period for bringing claims under the Employee Retirement Income Security Act for a breach of fiduciary duty can be waived.

A three-judge panel ruled that a defendant is capable of expressly waiving a six-year time bar for when lawsuits alleging a breach of fiduciary duty under ERISA can be filed — a standard that is outlined in Section 1113(1) of ERISA.

The panel made the determination in response to a certified question from a Georgia federal court...
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Case Information

Case Title

Secretary, U.S. Department of v. Robert Preston, et al

Case Number



Appellate - 11th Circuit

Nature of Suit

1791 Employee Retirement

Date Filed

February 24, 2017

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