The Supreme Court must decide when a shorter window for Employee Retirement Income Security Act (ERISA) claims should take place when the person suing is aware of the breach. This dispute could be a test for court conservatives, while advancing more ERISA claims to trial.
"You've got some conservative justices, ironically, on the court who will interpret statutes very narrowly and say, 'This says actual knowledge, it doesn’t say constructive knowledge, and therefore, we’re going to go with the plain meaning of the terms and you actually have to know,'" said Attorney William Delany. "It really could go either way,” he added.
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