Are ERISA claims barred by the statute of limitations?

The dispositive issue presented by defendants' Motion to Dismiss is whether plaintiff's ERISA claims were filed too late and are therefore barred by the statute of limitations. As a general principal, a "claim accrues - and the statute of limitations clock starts running - 'when the plaintiff knows or has reason to know of the injury which is the basis of the action.'" TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir. 1999); see also Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1048 (9th Cir. 2008), cert. denied, 556 U.S. 1183 (2009).

ERISA specifies that:

29 U.S.C. 1113(a).¹

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