• In Erlich v Ouellette, Labonte, Roberge & Allen, P.A., --- F.3d ----, 2011 WL 679433 (1st Cir. Feb. 28, 2011), the First Circuit affirmed the district court’s ruling that a pension fund’s state law claims against the fund’s auditor and actuary for more than $3.5 million in alleged overpayments were barred by Maine’s six-year statute of limitations. The First Circuit agreed with the district court that Maine’s more liberal discovery rule, which provides for accrual “when the injury is discovered rather than when the injury was incurred,” did not apply because the auditor and actuary were not fiduciaries of, or parties to a confidential relationship with, the plan. As a result, the fund’s state law claims for breach of contract, negligence, and professional malpractice were subject to Maine’s limitations period based on the date of injury, rather than the date of discovery.
  • In Young v. United Parcel Services, Inc. Employees’ Short Term Disability Plan, No. 10-4156, 2011 WL 984734 (10th Cir. Mar. 22, 2011), the Tenth Circuit upheld the district court’s ruling that a six-month statute of limitations provision in the plan’s summary plan description was enforceable and barred the plaintiff’s untimely claim. The court rejected plaintiff’s arguments that the provision was unenforceable because it only appeared in the SPD and not in the plan itself, because of where it appeared in the SPD, and because it was ambiguous; and because the defendant breached its promise that it would inform her of the time limit to file suit. The court noted that the plaintiff was confusing the internal appeals process with the filing of a legal action after the internal process had been exhausted.