Filing an ERISA lawsuit can be arduous and time-consuming, especially when a plaintiff is up against a defendant with deep pockets and legions of lawyers. So what happens when the clock runs out before all the internal parties and processes have arrived at a resolution? The U.S. Supreme Court recently agreed to hear such a case when a Wal-Mart employee sued her employer and The Hartford over a denied disability claim.

According to a report for Law360, a lower court found for The Hartford, which had denied the claim because the employee's three-year time limit for filing had run out. The plaintiff appealed, asking the Supreme Court to answer the basic question: When should the statute of limitations clock start running? 

The plaintiff's brief asserted that the clock shouldn't begin for a beneficiary seeking benefits through an employer-established ERISA plan until all internal processes have been completed and the plan has finally denied the application for benefits. The limitations period on a federal claim should begin only when a plaintiff can finally bring the claim in court.

Continue Reading for Free

Register and gain access to:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.