United States Sixth Circuit

Summary judgment to defendants is affirmed where to trigger the running of the statute of limitations under Section 413(2) of ERISA, it is the plaintiff's actual knowledge of the underlying conduct giving rise to the alleged violation that is required, thus plaintiff's suit is time-barred.

Appellate Information

• Decided 11/14/2003
• Published 11/14/2003

Judges

• Before NELSON and COLE, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Roger Makley (briefed), Coolidge, Wall, Womsley & Lombard, Dayton, OH, Alphonse P. Cincione (argued and briefed), N. Gerald DiCuccio (briefed), Butler, Cincione, DiCuccio & Barnhart, Columbus, OH, for Plaintiffs-Appellants.


• For Appellees:
  
• Danny L. Cvetanovich (briefed), Nancy J. Manougian (argued and briefed), Arter & Hadden, Columbus, OH, for Defendants-Appellees.