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Supreme Court to Review ERISA Statute of Limitations Case

In late 2018, in Sulyma v. Intel Corporation Investment Policy Committee, the Ninth Circuit Court of Appeals held that a plaintiff’s access to documents disclosing an alleged breach of fiduciary duty did not trigger the Employee Retirement Income Security Act’s (ERISA) statute of limitations. According to the court, actual knowledge is required to start the limitations period. The plaintiff testified that he was not aware of the investments at issue or the documents disclosing the investments, therefore, he did not have sufficient knowledge of the alleged breach.

After the Ninth Circuit’s decision, the defendants submitted a petition for a writ of certiorari regarding whether ERISA’s three-year statute of limitations “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.” The Supreme Court of the United States granted the defendants’ petition for certiorari on June 10, 2019.

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Mark Schmidtke ERISA Lawyer Ogletree
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Mark E. Schmidtke has represented clients in ERISA and non-ERISA employee benefits matters in state and federal courts throughout the United States for over 30 years. He has been lead or co-lead counsel in ERISA litigation matters pending in the courts of 49 states. He has argued appeals in the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits, as well as the Massachusetts Supreme Judicial Court, the Minnesota Supreme Court, the Minnesota Court of Appeals, the Indiana Court of Appeals, and...

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Madeline Rea, Ogletree Deakins Law Firm, Atlanta
Marketing Counsel

As Marketing Counsel, Madeline is a member of Ogletree Deakins’ Client Services department and is involved in the firm’s Request for Proposal (RFP) process.  In addition, she works with certain practice and industry groups within the firm to develop and implement business development and marketing strategies and to grow their practices.

Before joining Ogletree, Madeline was a litigator and represented employers in all aspects of labor and employment litigation, with a focus on employee benefit class actions.  Madeline defended organizations including healthcare entities, financial institutions, and insurance companies, and has extensive experience in handling large scale discovery.  Madeline also defended employers against wage and hour and discrimination class/collective actions and counseled clients on compliance with federal and state employment laws. She regularly drafted articles and blog entries related to employee benefit law.

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