Shapiro v. Fid. Invs. Institutional Operations Co.

1 Citing case

  1. Clarke v. Pilkington N. Am., Inc.

    No. 21-12119 (E.D. Mich. Sep. 27, 2022)

    Moreover, Clarke is incorrect that the continuing violation theory would erase the “actual knowledge” requirement only in cases where the initial breach is the only breach. See Shapiro v. Fidelity Invs. Institutional Operations Co., 142 F.Supp.3d 535, 540 (E.D. Ky. 2015) (rejecting plaintiff's argument that defendant's failure to fully reimburse his 401(k) retirement account after it allegedly liquidated the account without plaintiff's permission was a separate and ongoing breach, explaining that the allegedly wrongful liquidation of plaintiff's account was a “discrete act” and that “[i]f statutes of limitation did not begin to run until the breaching party made the plaintiff whole, the exception would swallow the rule”)