Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal
In Bay Area Laundry and Dry Cleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522 U.S. 192 (1997), an employer was delinquent in making a series of scheduled payments to an underfunded pension plan. See id., at 198-199.
The trustees filed suit just over six years after the first missed payment, barely outside of the applicable six-year statute of limitations. See id., at 198.
Because the first missed payment in the series fell outside the statute of limitations, the employer argued that the subsequent missed payments were also time barred. See id., at 206.
The Court rejected that argument.
The remaining claims were timely, the Court held, because each missed payment created a separate cause of action with its own six-year limitations period. Ibid.