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NFL Linebacker Filed Benefits Suit Too Late, Appeals Court Says

Oct. 1, 2021, 4:41 PM

Former linebacker Andre Royal lost his Second Circuit appeal accusing the National Football League retirement plan board of mismanagement, when the court ruled Friday that he filed his lawsuit too late.

Royal argued his Employee Retirement Income Security Act lawsuit was wrongly rejected under New York’s three-year limitations period for statutory violations, when the case should have been considered under ERISA’s six-year limitations period for cases of fraud or concealment.

But Royal loses either way, the appeals court said.

Whether the statute of limitations is “six years or three years, Royal’s claims are clearly time-barred,” the U.S. Court of Appeals ...