Fuller v. SunTrust Banks, Inc., et al.

Plaintiff appealed the Rule 12(b)(1) dismissal of her putative class action complaint brought under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. The court concluded that, based on the record to date and at this Rule 12(b)(6) juncture, the district court erred in finding that the three-year limitations period applied to plaintiff's claims in Count 2. The court concluded, however, that plaintiff's claims in Count 2 were time-barred by ERISA's six-year period of limitations. Accordingly, the court affirmed the judgment of the district court. View "Fuller v. SunTrust Banks, Inc., et al." on Justia Law