Outside Publication

Circuit Round-up of Key Appellate ERISA Decisions from February – August 2014

ABA Section of Labor and Employment Law

Fall 2014

Abbey Glenn co-authored this article which appeared in the Fall 2014 edition of the ABA Employee Benefits Committee Newsletter.

First Circuit

Riley v. Metro. Life Ins. Co., 744 F.3d 241, 57 EB Cases 2153 (1st Cir. 2014) (accrual of statute of limitations)

The First Circuit held that a participant's claim for benefits accrued when he received his first benefit check even though he had not filed a formal appeal. Although a cause of action for benefits ordinarily accrues when a fiduciary denies benefits, the court held that a cause of action can accrue when, "after a claim for benefits is made and a specific sum is sought, the ERISA plan repudiates the claim or the sum sought, and that rejection is clear and made known to the beneficiary."

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This article was originally published by Bingham McCutchen LLP.