Liability
Breach of Fiduciary Duty
A party in a position of trust acting against the interests of the person whose interests it is bound to protect.
Pleaded in 1 of the 98 matters on this docket
Governing law
State common law; ERISA 404, 29 U.S.C. 1104, where an employee benefit plan is involved
Damages
Compensatory damages, disgorgement of profits, constructive trust, and equitable relief. ERISA limits recovery to plan losses and equitable remedies.
Limitations period
Typically three to four years; ERISA applies the six-year and three-year framework of 29 U.S.C. 1113.
Reference material about publicly available law, current as of the date this file was compiled. It is not legal advice and it does not describe anyone’s particular situation. Statutes and limitations periods vary by jurisdiction and change.