Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
Questions Presented
Does the “fraud or concealment” exception to the statute of repose found in 29 U.S.C. § 1113 for alleged breaches of an ERISA fiduciary’s duty apply only when a defendant takes affirmative steps to hide the alleged breach—as the First, Third, Seventh, Eighth, Ninth, and DC Circuits have held—or can the exception be invoked any time the underlying claim is premised on a fraud theory—as the Second and Tenth Circuits have held?
Case Updates
Cert. petition denied
November 30, 2015
U.S. Chamber urges Supreme Court to review of vesting language for retiree benefits
September 28, 2015
In its coalition brief, the U.S. Chamber asked the U.S. Supreme Court to review a Tenth Circuit decision that created an exception to ERISA’s general six-year statute of repose for all claims that allege a breach of fiduciary duty sounding in fraud. The brief explains that this approach disregards the text and structure of the statute, which six other circuits have held suspends the limitation period only in cases involving affirmative concealment. The brief further argues that exposing plans to the risk of stale claims seeking damages that have allegedly accrued for decades would increase the cost of administering plans, which could in turn cause some employers not to set up plans in the first place.
The brief was filed jointly with the American Benefits Council and ERISA Industry Committee.
John E. Roberts and Myron D. Rumeld of Proskauer Rose LLP served as co-counsel for the amici with the U.S. Chamber of Commerce.
Case Documents
- Order -- Fulghum v. Embarq (Tenth Circuit).pdf
- Cert. Petition -- Embarq v. Fulghum (SCOTUS).pdf
- U.S. Chamber Amicus Brief -- Embarq v. Fulghum (SCOTUS).pdf
- Brief for Respondents -- Embarq v. Fulghum (SCOTUS).pdf
- Reply Brief for Petitioners -- Embarq v. Fulghum (SCOTUS).pdf