Articles Posted in US Court of Appeals for the Eleventh Circuit

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Metlife initiated this interpleader action under Federal Rule of Civil Procedure 22, seeking to pay into the registry of the district court the proceeds of an insurance policy on the life of the deceased. Defendants were the deceased's widow, a minor child of the deceased, and the temporary administrator of the estate. The deceased purchased the policy at issue to fund the Plan he had established as its sole member and trustee pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq. The Eleventh Circuit held that MetLife deposited the proper amount into the district court registry and therefore affirmed the district court's order to the extent it addressed that issue. The court also held that the district court properly denied the administrator's renewed motion to enforce the settlement. However, the court remanded the action to the district court to address the issue of attorney fees in the first instance. View "MetLife and Annuity Company of Connecticut v. Akpele" on Justia Law

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Section 1113(1)'s statute of repose in the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 11131(a), is subject to express waiver. In this interlocutory appeal, the Eleventh Circuit was asked to answer a certified question regarding whether defendant was capable of expressly waiving the six-year statute of repose pursuant to section 1113(1). The court answered the certified question in the affirmative. The court reasoned that, because section 1113(1) does not erect a jurisdictional bar, it was presumptively waivable. Moreover, the court explained that there was no good reason to conclude that section 1113(1) cannot be expressly waived simply because it is a statute of repose. The court remanded for further proceedings. View "Secretary, U.S. Department of Labor v. Preston" on Justia Law