02/07/2012 11:10:11 AM EST
2nd Circuit: Forum State's Limitations Period, Borrowing Statute Apply
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LexisNexis® Mealey's™ Daily Legal News
NEW YORK - In an action for benefits under Section 502 of the Employee Retirement Income Security Act, the forum state's statute of limitations, including its borrowing statute, applies, the Second Circuit U.S. Court of Appeals affirmed Feb. 1 (Joseph G. Muto, et al. v. CBS Corporation f/k/a Westinghouse Electric Corporation, et al., No. 10-3038-cv, 2nd Cir.; 2012 U.S. App. LEXIS 1869).
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