Don't Be LateFocus on substance over procedure

The Supreme Court just vacated a judgment that enforced a six-year statute of limitations against beneficiaries of a employer savings plan.

The ruling reinforces the view that this Court feels little love for limitations defenses. It suggests the Court prefers getting to legal substance.

Claims under ERISA

The Employee Retirement

Anyway the retroactive modification of a plan can't be used to diminish damages to which participants have been held entitled, even if the modification is lawful. In effect the defendant is arguing that okay, we screwed our participants unlawfully, but we could have screwed them lawfully, and that’s what we’ve now done by amending the