Bond v. Marriott

Case Updates

The Fourth Circuit unanimously held that the plaintiffs’ ERISA claims are barred by the statute of limitations, and affirmed the district court’s grant of summary judgment in Marriott’s favor on that basis.

In a coalition brief filed in the Fourth Circuit in support of Marriott, the U.S. Chamber emphasized the importance of preserving the settled statute of limitations and top-hat exemption for ERISA claims. The Chamber argued that the district court failed to follow the Fourth Circuit’s settled accrual rule for ERISA claims and that the district court’s rule would undermine the policies animating ERISA. The brief further argued that the top-hat provision of ERISA does not require that the qualifying plan be composed exclusively of management or highly-compensated employees.

The American Benefits Council and the ERISA Industry Committee joined the U.S. Chamber in filing this brief.

Igor V. Timofeyev, Stephen B. Kinnaird, J. Mark Poerio and Danielle R.A. Susanj of Paul Hastings LLP served as co-counsel for the amici with the U.S. Chamber Litigation Center in this case.