Legal Opinion
19 Employee Benefits Cas. 2297, Pens. Plan Guide P 23916e Warren A. Maher v. Strachan Shipping Company, United States of America, Intervenor
Court of Appeals for the Fifth Circuit
Decided November 14, 1995No. 94-30618PublishedCited by 37 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
When this class action was filed in 1992, the applicable ERISA statute of limitations, 29 U.S.C. § 1113 (1987), barred cases six years after the breach occurred and three years after the earliest date on which a plaintiff “had actual knowledge of the breach or violation ...” The district court found that the plaintiffs’ knowledge in 1987 that Stra-chan had purchased Executive Life annuities to replace their former retirement benefits plan tolled the three year statute of limitations period and time-barred their claims. Accordingly, the central issue on appeal is…
2Cases cited20 opinions
- Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
- United States v. KleinSupreme Court of the United States · 1872
- Robertson v. Seattle Audubon SocietySupreme Court of the United States · 1992
- Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
- Gluck v. Unisys Corp.Court of Appeals for the Third Circuit · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Meadowbriar Home for Children, Inc. v. GunnCourt of Appeals for the Fifth Circuit · 1996
- Anthony R. Caputo David A. Cook Paul B. Pebbles Duncan B. Robertson v. Pfizer, Inc.Court of Appeals for the Second Circuit · 2001
- Bonnie Fish v. Greatbanc Trust CompanyCourt of Appeals for the Seventh Circuit · 2014
- Edes v. Verizon Communications, Inc.Court of Appeals for the First Circuit · 2005
- Florida Department of Insurance v. Chase Bank of Texas National Ass'nCourt of Appeals for the Fifth Circuit · 2001
32 more not listed; retrieve them via the Exa API.