DONNA BROWE, TYLER BURGESS, BONNIE JAMIESON, PHILIP JORDAN, ESTATE OF BEVERLY BURGESS, Plaintiffs-Appellants-Cross-Appellees, LUCILLE LAUNDERVILLE, Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, - v. - CTC CORPORATION, BRUCE LAUMEISTER, Defendants-Counter-Claimants-Appellees-Cross-Appellants., 15 F.4th 175

Summary

HOLDINGS: [1]-District court correctly rejected defendants' invocation of ERISA's three-year statute of limitations for fiduciary claims under 29 U.S.C.S. § 1113(2) because they failed to prove that all plaintiffs had knowledge of the breaches more than three years prior to the commencement of this suit; [2]-District court did not err in finding that the plan was not a top hat plan; considering the inclusion of a significant number of employees who lacked any management status, the lack of coherent criteria for determining eligibility to participate, and the inability of its participants to negotiate terms, these circumstances could not be reconciled with ERISA's requirement that top hat plans be offered only to a select group of management or highly compensated employees under 29 U.S.C.S. § 1051(2).