Well, At Least We Know They Haven’t Decided The Issue. The Sixth Circuit Refuses To Decide Whether ERISA’s Fiduciary Liability Statute Of Limitations Is Tolled Absent Active Concealment.

In Cataldo v. United States Steel Corp., No. 10-3583, the Sixth Circuit Court of Appeals affirmed a district court’s ruling that the claims of 225 current and former employees of U.S. Steel Corporation (“U.S. Steel”) for breach of fiduciary duty were time-barred under ERISA’s applicable statute of limitations.

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