United States Court of Appeals For the Seventh Circuit
Employment – ERISA — statute of limitations
Where the plaintiff presented no evidence of concealment, the statute of limitations for an ERISA action is not tolled.
“Laskin also offers no evidence of fraud. There are two types of fraud: (1) overt acts that misrepresent the significance of facts of which the beneficiary is aware; and (2) underlying ERISA violations that are self-concealing. Maring, 966 F.2d 1094. Laskin has produced no evidence that the ERISA violation involved some ‘trick or contrivance intended to exclude suspicion and prevent injury.’ Id at 1095.”
“Simply put, Laskin has failed to meet her burden to show fraud or concealment occurred in this case and the district court correctly found that the limitations period in § 1113 applies. Since 1997 was the last time Laskin could have brought this action, her claims against the Defendants are time barred and we need not address the merits.”
Appeals from the United States District Court for the Northern District of Illinois, Chang, J., Bauer, J.