ERISA’s Limitation Of Action Provision Is Subject To Express Waiver, Panel Says

Mealey's (October 17, 2017, 12:45 PM EDT) -- ATLANTA — Although Section 1113(1) of the Employee Retirement Income Security Act is a statute of repose, as opposed to a statute of limitations, it is still subject to express waiver, the 11th Circuit U.S. Court of Appeals said Oct. 12 in answering a certified question from the Northern District of Georgia (Secretary, U.S. Department of Labor v. Robert N. Preston et al., No. 17-10833, 11th Cir., 2017 U.S. App. LEXIS 19926). ...