The Silent Issue in Intel v. Sulyma: Does ERISA Section 413(2) Operate to Time-Bar Otherwise Timely Suits Challenging Subsequent Breaches of the Same Character?

Benefits Law Journal 34 (1):1-17 (2021)
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In its recent opinion in Intel v. Sulyma, the U.S. Supreme Court clarified what qualifies as the “actual knowledge” required to trigger ERISA’s three-year statutory period. The Court’s opinion, however, left open whether establishing “actual knowledge” by a plaintiff in one case serves to time-bar otherwise timely suits that challenge subsequent breaches of the same character. This article argues that, under the continuing fiduciary duty analysis that the Court set forth in Tibble v. Edison, such suits should not be deemed untimely.
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First archival date: 2022-01-13
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