U.S. Supreme Court

Case Status


Docket Number


2019 Term

Oral Argument Date

December 04, 2019


Questions Presented

Whether the three-year limitations period in Section 413(2) of the Employee Retirement Income Security Act, 29 U.S.C. 1113(2), which runs from “the earliest date on which the plaintiff had actual knowledge of the breach or violation,” bars suit where all of the relevant information was disclosed to the plaintiff by the defendants more than three years before the plaintiff filed the complaint, but the plaintiff chose not to read or could not recall having read the information.

Case Updates

Supreme Court issues unfavorable decision in ERISA case

February 26, 2020

The Supreme Court held unanimously that ERISA’s three-year statute of limitations requires proof of actual, rather than constructive, knowledge by the plaintiff of the alleged breach of fiduciary duty

U.S. Chamber files coalition amicus brief arguing that the Supreme Court should hold that ERISA plan disclosures give plan participants actual knowledge of the information disclosed for statute-of-limitation purposes

August 28, 2019

Click here to view the amicus brief filed jointly by the U.S. Chamber, National Association of Manufacturers, Securities Industry and Financial Markets Association, American Benefits Council, ERISA Industry Committee, and American Retirement Association.

Mark A. Perry and Matthew S. Rozen of Gibson, Dunn & Crutcher LLP served as co-counsel for the amici.

Case Documents