Embarq Corporation, et al. v. Fulghum, et al.

Case Updates

In its coalition brief, the U.S. Chamber asked the U.S. Supreme Court to review a Tenth Circuit decision that created an exception to ERISA’s general six-year statute of repose for all claims that allege a breach of fiduciary duty sounding in fraud. The brief explains that this approach disregards the text and structure of the statute, which six other circuits have held suspends the limitation period only in cases involving affirmative concealment. The brief further argues that exposing plans to the risk of stale claims seeking damages that have allegedly accrued for decades would increase the cost of administering plans, which could in turn cause some employers not to set up plans in the first place.

The brief was filed jointly with the American Benefits Council and ERISA Industry Committee.

John E. Roberts and Myron D. Rumeld of Proskauer Rose LLP served as co-counsel for the amici with the U.S. Chamber of Commerce.