No Cover-Up Needed: Tenth Circuit Rules That Fraudulent Concealment Not Required To Toll the General Limitations Period For Fiduciary Breach Claims

In the latest chapter in a long-running battle about retiree health and life insurance benefits, the Tenth Circuit recently brought retiree Plaintiffs’ fiduciary breach claims back to life.  In doing so, the Tenth Circuit sided with the Second Circuit in a circuit split on the applicable statute of limitations for ERISA fiduciary breach claims.  Fulghum v. Embarq Corp, No. 13-3230 (10th Cir. 2/24/15).

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