The ERISA Class Cert. Tripwire In High Court’s Intel Decision
Law360 (March 3, 2020, 1:52 PM EST) — The U.S. Supreme Court’s Feb. 26 decision in Intel Corp. Investment Policy Committee v. Sulyma is rightly being recognized for its resolution of an important question related to the Employee Retirement Income Security Act’s statute of limitations.
But Intel could be equally as significant for something Justice Samuel Alito did not mention once in his 12-page opinion: the obstacles it could present to future ERISA plaintiffs seeking to certify a class.
After Intel, it may be easier for plaintiffs to survive arguments that they had actual knowledge of a plan fiduciary’s alleged breach for longer than three years, and thus were…