Legal Opinion · Concurring in part, dissenting in part
Syed v. Hercules, Inc.
Court of Appeals for the Third Circuit
Decided May 31, 2000No. 99-5472Unknown
1Concurring in part, dissenting in partBarry, Circuit Judge
While I agree with much of the majority’s opinion, I cannot agree with the conclusion that' the most analogous state statute of limitations for a § 502(a)(1)(B) claim is found in Delaware’s § 8111. It is on that issue, and that issue alone, that I dissent.
First, it is clear, as the majority notes, that every circuit which has addressed this issue has applied the statute of limitations for a state contract action as most analogous to an ERISA claim for the denial of benefits. As the majority also notes, we, too, have suggested, albeit in dicta, that the state statute of limitations for a…
2Cases cited35 opinions
- Kenneth W. Wright v. Southwestern Bell Telephone Company, a CorporationCourt of Appeals for the Tenth Circuit · 1991
- John H. Held v. Manufacturers Hanover Leasing CorporationCourt of Appeals for the Tenth Circuit · 1990
- Blue Cross & Blue Shield v. SandersCourt of Appeals for the Eleventh Circuit · 1998
- James F. Jenkins v. Local 705 International Brotherhood of Teamsters Pension PlanCourt of Appeals for the Seventh Circuit · 1983
- Harold E. ADAMSON, Et Al., Plaintiffs-Appellants, v. ARMCO, INC., Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1995
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