Can a plaintiff run a statute of limitations under concealment grounds?
MultiRegion, United States of America
The following excerpt is from Sargent v. S. Cal. Edison 401(k) Sav. Plan, Case No. 20-cv-1296-MMA (RBB) (S.D. Cal. 2021):
To run the statute of limitations under concealment grounds, the plaintiff must allege "affirmative steps of concealment." Yamauchi v. Cotterman, 84 F. Supp. 3d 993, 1006 (N.D. Cal. 2015). "The 'fraud or concealment' exception . . . does not apply simply because an ERISA fiduciary fails to disclose material information." Id. (quoting DeFazio
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