· 1/29/2007
Paul Miller v. Fortis Benefits Insurance Company and Resorts International Hotel
Citations
- 475 F.3d 516
- 39 Employee Benefits Cas. (BNA) 2431
- 2007 U.S. App. LEXIS 1896
- 2007 WL 210370
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding in non-fiduciary ERISA claim case that “the accrual date for federal claims is governed by federal law, irrespective of the source of the limitations period.”
- rejecting the plaintiffs “proposed application of the clear repudiation rule,” which would have required an explicit demand and refusal, and concluding that a court should ask “when a beneficiary knows or should know he has a cause of action” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Fisher, McKay
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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