November 29, 2018 / 10:33 PM / in 11 days

9th Circuit adopts plaintiff-friendly test for timeliness of ERISA claims in Intel case

The 9th U.S. Circuit Court of Appeals has ruled that the time period for participants in retirement plans to sue under the federal law governing employee benefits does not begin to run until they have “actual knowledge” of a legal violation, creating a circuit split.

A unanimous three-judge 9th Circuit panel on Wednesday revived a proposed class action accusing Intel Corp of imprudently investing its employee retirement plans in private equity and hedge funds that came with higher fees and did not perform as well as stocks during market booms.

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