9th Circuit Should Reverse District Court’s Dismissal Of Supplemental Benefits Suit

(February 7, 2020, 4:26 PM EST) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals should reverse a district court’s ruling that a deceased former employee’s breach of contract and fraud cannot proceed based on the applicable statute of limitations because the employer’s misrepresentation of the existence of a plan document for supplemental medical coverage benefits prevented the plaintiff from filing suit within the statute of limitations and from knowing whether her claim was governed by the Employee Retirement Income Security Act, the appellant maintains a Feb. 3 brief (Kathleen Rave v. L’Oreal USA Inc., No. 19-16054, 9th Cir.)....

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