Wang Labs., Inc., Cross-Appellant v. Paul G. Kagan, Cross-Appellee, 990 F.2d 1126 (9th Cir. 1993). · Go Syfert
Wang Labs., Inc., Cross-Appellant v. Paul G. Kagan, Cross-Appellee, 990 F.2d 1126 (9th Cir. 1993). Cases Citing This Book View Copy Cite
71 citation events (52 in the last 25 years) across 25 distinct courts.
Strongest positive: Berger, Terrance v. AXA Network LLC (ca7, 2006-08-18)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Berger, Terrance v. AXA Network LLC (2×) also: Cited "see"
7th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
we decide as a matter of federal law which state statute of limitations is appropriate.
discussed Cited as authority (verbatim quote) Halkias v. General Dynamics Corp. (2×) also: Cited "see"
5th Cir. · 1994 · signal: see · quote attribution · 1 verbatim quote · confidence high
in an erisa case, we ordinarily borrow the forum state's statute of limitations ....
discussed Cited as authority (verbatim quote) JOHN HALKIAS, ET AL., Plaintiffs, JOHN HALKIAS and BARRY JACKSON v. GENERAL DYNAMICS CORPORATION
unknown court · signal: see · quote attribution · 1 verbatim quote · confidence high
in an erisa case, we ordinarily borrow the forum state's statute of limitations ....
discussed Cited as authority (verbatim quote) JOHN HALKIAS, ET AL., Plaintiffs, JOHN HALKIAS and BARRY JACKSON v. GENERAL DYNAMICS CORPORATION
unknown court · signal: see · quote attribution · 1 verbatim quote · confidence high
in an erisa case, we ordinarily borrow the forum state's statute of limitations ....
discussed Cited as authority (quoted) Anastos v. IKEA Property, Inc.
N.D. Ga. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence low
where a choice of law is made by an erisa contract, it should be followed, if not unreasonable or fundamentally unfair.
discussed Cited as authority (rule) Fuller v. Sun Life Assurance Company of Canada
E.D. Va. · 2024 · confidence medium
Plan, 774 F.3d 1193 (8th Cir. 2014); Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir. 1993); Ellis v. Liberty Life Assurance Co. of Boston, 958 F.3d 1271, 1288 (10th Cir. 2020) (adopting an even stronger presumption of enforceability); Buce v. Allianz Life Ins.
discussed Cited as authority (rule) MELANSON v. WALGREEN CO
D. Me. · 2022 · confidence medium
See DaimlerChrysler Corp. v. Durden, 448 F.3d 918 , 922 (6th Cir. 2006) (applying Restatement (Second) of Conflict of Laws, § 187 (1971)); Wang Labs. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir. 1993) (choice-of-law provision in an ERISA plan should be followed if “not unreasonable or fundamentally unfair.”); Ellis v. Liberty Life Assurance Co. of Boston, 958 F.3d 1271, 1288 (10th Cir. 2020) (ERISA plan choice-of-law should apply “if the plan has a legitimate connection to the State whose law is chosen.”). 14 29 U.S.C. § 1140 (ERISA section 510) provides: It shall be unlawful for any p…
discussed Cited as authority (rule) Service Employees International Union National Industry Pension Fund v. Hebrew Homes Health Network, Inc.
D.D.C. · 2019 · confidence medium
Kagan, 990 F.2d 1126, 1128-29 (9th Cir. 1993) (“In an ERISA case, we ordinarily borrow the forum state’s statute of limitations so long as application of the state statute’s time period would not impede effectuation of federal policy .... [However,] [w]here a choice of law is made by an ERISA contract, it should be followed, if not unreasonable or fundamentally unfair.”); Young v. Verizon's Bell Atl.
cited Cited as authority (rule) Arnone v. Aetna Life Insurance Co.
2d Cir. · 2017 · confidence medium
Co., 247 F.3d 1133 , 1149 (11th Cir. 2001); Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir. 1993).
cited Cited as authority (rule) Durham v. Prudential Insurance Co. of America
C.D. Cal. · 2017 · confidence medium
To the extent this proyision could be construed as a choice-of-law provision, see Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir. 1993), the Court considers any such argument waived. .
discussed Cited as authority (rule) Blood Systems, Inc. v. Roesler
D. Ariz. · 2013 · confidence medium
Having reached this conclusion, the final step is to ensure that the particular limitations period selected does “not impede effectuation of federal policy.” Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993).
examined Cited as authority (rule) Antonio Jimenez, III v. Sun Life Assurance Company (3×) also: Cited "see"
5th Cir. · 2012 · confidence medium
Two of our sister circuits have held that “[w]here a choice of law is made by an ERISA contract, it should be followed, if not unreasonable or fundamentally unfair.” Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993); Buce v. Allianz Life Ins.
discussed Cited as authority (rule) Cohen v. Independence Blue Cross
D.N.J. · 2011 · confidence medium
Co., 247 F.3d 1133 , 1149 (11th Cir.2001) (holding that choice of law clause in ERISA contract should be followed if it is “ ‘not unreasonable or fundamentally unfair.’”) (quoting Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993)); Fenberg v. Cowden Automotive Long Term Disability Plan, 259 Fed.Appx. 958, 959 (9th Cir.2007); Tyler v. AIG Life Ins.
discussed Cited as authority (rule) Peggy Tyler v. AIG Life Insurance Co.
11th Cir. · 2008 · confidence medium
As stated in Buce, “[w]here a choice of law is made by an *785 ERISA contract, it should be followed, if not unreasonable or fundamentally unfair.” Buce, 247 F.3d at 1149 (quoting Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993)).
discussed Cited as authority (rule) Fenberg v. Cowden Automotive Long Term Disability Plan
9th Cir. · 2007 · confidence medium
But the Plan contains a provision stating that it is governed by Rhode Island law and Fen-berg has not made an adequate showing that “viewed from the time when the contract was made, when a particular individual could not know whether he would be a litigant,” the parties’ choice of Rhode Island law was “unreasonable or fundamentally unfair.” See Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir. 1993) (holding that “[w]here a choice of law is made by an ERISA contract, it should be followed, if not unreasonable or fundamentally unfair”).
discussed Cited as authority (rule) McLaughlin v. UNUM Life Insurance Co. of America (2×) also: Cited "see, e.g."
D. Me. · 2002 · confidence medium
Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993); Nazario Martinez v. Johnson & Johnson Baby Products, 184 F.Supp.2d 157, 159 (D.P.R.2002) (internal citations omitted). 6 .
examined Cited as authority (rule) Patricia W. Buce v. National Service Industries (4×) also: Cited "see"
11th Cir. · 2001 · confidence medium
"Where a choice of law is made by an ERISA contract, it should be followed, if not unreasonable or fundamentally unfair." Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993).
discussed Cited as authority (rule) Manginaro v. Welfare Fund of Local 771, IATSE
S.D.N.Y. · 1998 · confidence medium
See Blue Cross, 138 F.3d at 1357 (“a fiduciary’s action to enforce a reimbursement provision pursuant to 29 U.S.C. § 1132 (a)(3) is most closely analogous to a simple contract action....”); Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993) (“Wang’s lawsuit is in substance for breach of contract, the contractual provision being Kagan’s promise to reimburse medical expenses paid by Wang if Kagan recovered from a third party.”) ULLICO’s second and third counterclaims, although premised on different theories of recovery, are essentially claims for unjust enrichment.
discussed Cited as authority (rule) 21 Employee Benefits Cas. 2842, Pens. Plan Guide (Cch) P 23940s Walter J. Borda v. Hardy, Lewis, Pollard & Page, P.C. Hardy, Lewis, Pollard & Page, P.C. Profit Sharing Plan and David M. Davis and Patrick M. Higdon, the Plan's Named Fiduciaries
6th Cir. · 1998 · confidence medium
Workers Pension Plan & Trust, 3 F.3d 1246, 1249 (9th Cir.1993). 25 The defendant trustees respond that Kreis was decided before the Supreme Court issued its decision in Firestone v. Bruch; that plan language often mirrors the language of the code, but this does not negate provisions explicitly empowering plan fiduciaries to interpret plan language; that the Sixth Circuit has repeatedly applied the "arbitrary and capricious" standard in reviewing decisions that were more legal than factual; 2 and that although the question of whether the lower court applied the proper standard of review is a le…
discussed Cited as authority (rule) Borda v. Hardy, Lewis, Pollard & Page, P.C.
6th Cir. · 1998 · confidence medium
The defendant trustees respond that Kreis was decided before the Supreme Court issued its decision in Firestone v. Bruch; that plan language often mirrors the language of the code, but this does not negate provisions explicitly empowering plan fiduciaries to interpret plan language; that the Sixth Circuit has repeatedly applied the “arbitrary and capricious” standard in reviewing decisions that were more legal than factual; 2 and that although the question of whether the lower court applied the proper standard of review is a legal issue reviewed by the appellate court de novo — just as t…
discussed Cited as authority (rule) Hambrecht & Quist Venture Partners v. American Medical International, Inc.
Cal. Ct. App. · 1995 · confidence medium
(Wang Laboratories, Inc. v. Kagan (9th Cir. 1993) 990 F.2d 1126, 1128-1129 [distinguishing Des Brisay and holding that contract *1544 governed by “the law” of Massachusetts requires application of Massachur setts statutes of limitations].) 10 Having concluded that the choice-of-law clause requires the application of Delaware’s statutes of limitation, we turn to the question of whether, as so interpreted, the clause is enforceable in this case. 2.
cited Cited as authority (rule) Provident Life & Accident Insurance v. Williams
W.D. Ark. · 1994 · confidence medium
Anderson v. John Morrell & Co., 830 F.2d 872, 877 (8th Cir.1987); Wang Labs. v. Kagan, 990 F.2d 1126, 1129 (9th Cir.1993).
cited Cited as authority (rule) Ronald K. Rose v. Union Central Life Insurance Co. Commercial and Industrial Adm. Co.
9th Cir. · 1994 · confidence medium
Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993).
discussed Cited as authority (rule) John Flanagan v. Inland Empire Electrical Workers Pension Plan & Trust (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Wang Lab. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993).
discussed Cited as authority (rule) Flanagan v. Inland Empire Electrical Workers Pension Plan & Trust (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Wang Lab. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993).
discussed Cited "see" James Richard Hill, III v. XPO, Inc. and GXO Logistics, Inc.
D. Conn. · 2026 · signal: see · confidence high
See Wang Lab’ys, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir. 1993) (holding that, because “[i]n an ERISA case, we ordinarily borrow the forum state’s statute of limitations so long as application of the state statute's time period would not impede effectuation of federal policy . . . [w]here a choice of law is made by an ERISA contract, it should be followed, if not unreasonable or fundamentally unfair.”); Prabhakar, 996 F. Supp. 2d at 138 n.20 (observing that courts ordinarily apply the limitations period of the forum designated in an ERISA plan’s choice-of-law provision).
examined Cited "see" Ellis v. Liberty Life Assurance Co (6×)
10th Cir. · 2020 · signal: see · confidence high
See id. at 1127 .
discussed Cited "see" In re: Richard Sterba and Olga Sterba
9th Cir. BAP · 2014 · signal: see · confidence high
See Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126 , 11 1128-29 (9th Cir. 1993) (applying contractual choice of law 12 provision to determine which of two states’ statutes of 13 limitation applied to breach of insurance contract claim).
discussed Cited "see" In re: Richard Sterba and Olga Sterba
9th Cir. BAP · 2014 · signal: see · confidence high
See Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993) (applying contractual choice of law provision to determine which of two states’ statutes of limitation applied to breach of insurance contract claim).
discussed Cited "see" Prabhakar v. Life Insurance Co. of North America
E.D.N.Y · 2013 · signal: see · confidence high
See Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993) (holding that "[i]n an ERISA case, we ordinarily borrow the forum state’s statute of limitations,” but that "[w]here a choice of law is made by an ERISA contract, it should be followed”); see also Young v. Verizon’s Bell Atl.
cited Cited "see" James Gordon, Jr. v. Commonwealth Marketing Group
9th Cir. · 2011 · signal: see · confidence high
See Wang Labs., Inc. v. Kagan, 990 F.2d 1126 , 1128— 29 (9th Cir.1993) (federal courts apply law of state identified in contract); Nw.
cited Cited "see" Sconiers v. First Unum Life Insurance
N.D. Cal. · 2011 · signal: see · confidence high
See Wang Labs. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993).
discussed Cited "see" Terrance Berger and Donald Laxton v. Axa Network LLC and Equitable Life Assurance Society of the United States (2×) also: Cited "see, e.g."
7th Cir. · 2006 · signal: see · confidence high
See Wang Labs., 990 F.2d at 1128 ; Gluck, 960 F.2d at 1179 . 14 .
discussed Cited "see" Patricia W. Buce v. National Service Industries
11th Cir. · 2001 · signal: see · confidence high
See Wang v. Kagan, 990 F.2d 1126, 1129 (9th Cir. 1993) (applying choice of law agreement in ERISA benefit plan to decide statute of limitations question because the provision was “not unreasonable” or “fundamentally unfair”).
cited Cited "see" Kayes v. Pacific Lumber Co.
9th Cir. · 1995 · signal: see · confidence high
See Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993).
discussed Cited "see" John Halkias, John Halkias and Barry Jackson v. General Dynamics Corporation, John Anthony Cureington v. General Dynamics Corporation, Alvin Staudt, on Behalf of Himself and All Others Similarly Situated v. Glastron, Inc.
5th Cir. · 1994 · signal: see · confidence high
See Wang Lab., Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993) ("In an ERISA case, we ordinarily borrow the forum state's statute of limitations....") (emphasis added); Gluck, 960 F.2d at 1179-80 (after reviewing a conflict regarding which state's statute of limitations should be borrowed for an ERISA claim, court decides to "follow the general rule and borrow a limitations period applicable to the forum state claim most analogous to the ERISA claim ...") (emphasis added); Champion Intern.
discussed Cited "see, e.g." National Ass'n of Government Employees, Inc. v. National Emergency Medical Services Ass'n
D. Mass. · 2015 · signal: see also · confidence medium
See Berger v. AXA Network LLC, 459 F.3d 804, 809-10 (7th Cir.2006) (citing cases); see also Wang Labs., Inc. v. Kagan, 990 F.2d 1126, 1128 (9th Cir.1993) (deciding “as a matter of federal law which state statute of limitations is appropriate” for ERISA claim).
cited Cited "see, e.g." Abat v. Chase Bank USA, N.A.
C.D. Cal. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Wang Labs. v. Kagan, 990 F.2d 1126, 1129 (9th Cir.1993).
discussed Cited "see, e.g." Barnes v. American International Life Assurance Co.
S.D.N.Y. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Buce v. Allianz Life Insurance Co., 247 F.3d 1133 , 1149 (11th Cir.2001) (holding that choice of law clause in ERISA contract should be followed if it is “ ‘not unreasonable or fundamentally unfair.’ ”) (quoting Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993)); Tyler v. AIG Life Ins.
discussed Cited "see, e.g." Barnes v. AMERICAN INTERN. LIFE ASSUR. CO.
S.D.N.Y. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Buce v. Allianz Life Insurance Co., 247 F.3d 1133 , 1149 (11th Cir.2001) (holding that choice of law clause in ERISA contract should be followed if it is "`not unreasonable or fundamentally unfair.'") (quoting Wang Laboratories, Inc. v. Kagan, 990 F.2d 1126, 1128-29 (9th Cir.1993)); Tyler v. AIG Life Ins.
Retrieving the full opinion text from the archive…
WANG LABORATORIES, INC., Plaintiff-Appellee, Cross-Appellant,
v.
Paul G. KAGAN, Defendant-Appellant, Cross-Appellee
90-55656, 90-55759.
Court of Appeals for the Ninth Circuit.
Apr 6, 1993.
990 F.2d 1126
Ernest J. Franceschi, Los Angeles, CA, for defendant-appellant., John A. Conkle and Charles R. Chapman, Conkle & Olesten, Los Angeles, CA, for plaintiff-appellee.
Kleinfeld, Kozinski, Wiggins.
Cited by 50 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: N.D. Georgia (1)
KLEINFELD, Circuit Judge:

This case arises out of a claim by an ERISA plan against a beneficiary. The case turns on which statute of limitations applies, that of the state selected in a contractual choice of law provision, or that of the state where the claim was filed. We conclude that the choice of law provision in the plan controls. The plan won a summary judgment in district court, which we affirm.

I. Facts.

Mr. Kagan worked in California as a sales representative for Wang Laboratories, Inc. He was hurt in a car accident on July 1,1984, and Wang’s ERISA plan spent about $20,000 for his medical care. Subsequently, he recovered $50,000 on a tort claim against the driver of the car. Wang demanded reimbursement, under a provision of the plan requiring reimbursement out of any such recovery from a third party. Kagan disputed the right of the plan to claim reimbursement, and also asked for a waiver of reimbursement, but the plan’s entitlement to reimbursement is not at issue on this appeal, and is assumed.

Wang has its headquarters in Massachusetts. The plan administrator, John Hancock Mutual Life Insurance Company, had its headquarters in Massachusetts, although its claims handling appears to have been done largely in the adjacent state of New Hampshire. Most of the employees affected by the plan work in Massachusetts. But Mr. Kagan has at all relevant times resided in California, and his car accident occurred in California.

After settlement negotiations had failed, Wang filed suit on January 13, 1989. Mr. Kagan’s appeal addresses only whether Wang’s reimbursement claim was barred by the applicable statute of limitations. [1] The parties agree that if Massachusetts’[*1128] six year statute applies, Wang wins. If California’s four year statute applies, there remains a dispute over when the statutory period began to run.

We review a grant of summary judgment de novo. Gibson v. Prudential Ins. Co., 915 F.2d 414, 416 (9th Cir.1990). We decide, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. Id.

II. The choice of law provision.

The ERISA plan stated that the rights and obligations of the parties were to be “governed by the law of Massachusetts, and all questions pertaining to the validity and construction of such rights and obligations shall be determined in accordance with such law.” Kagan applied for coverage “under the terms and conditions” of the plan, and his employee handbook explained that the provisions of the formal plan documents governed his rights under the plan. Wang’s lawsuit is in substance for breach of contract, the contractual provision being Kagan's promise to reimburse medical expenses paid by Wang if Kagan recovered from a third party.

The limitations period applicable to ERISA claims is the one for breach of written contract. Northern California Retail Clerks Unions and Food Employers Joint Pension Trust Fund v. Jumbo Markets, Inc., 906 F.2d 1371, 1372 (9th Cir.1990). Kagan asserts that ERISA, 29 U.S.C. § 1144, preempts the contractual choice of law provision as it applies to the statute of limitations. But “[i]n ERISA actions the federal courts employ a state statute of limitations.” Id. (citation omitted). Since ERISA does not supply a statute of limitations in this case, [2] it cannot preempt the applicable state law statute of limitations.

The forum state is California, which has a four year limitations period for breach of contract claims. Cal.Civ.Proc. Code § 337(1). But Wang has its headquarters and most of its employees in Massachusetts, and the plan contains a provision that says that Massachusetts law controls the parties’ rights and obligations. Massachusetts has a six-year limitations period for breach of contract claims. Mass.Gen.L. ch. 260, § 2. Kagan says that contrary to the contractual choice of law provision, the four-year California statute applies, and that Wang’s claim is barred under that provision.

Wang argues that the parties’ choice of law controls, and points to several California decisions where the court enforced a contractual choice of law clause. These cases are not authoritative, however, because this is a federal question case, not a diversity case. The timeliness of the suit must be determined, “as a matter of federal law, by reference to the appropriate state statute of limitations.” United Auto Workers v. Hoosier Cardinal Corp., 383 U.S. 696, 705, 86 S.Ct. 1107, 1113, 16 L.Ed.2d 192 (1966) (claim under § 301 of the Labor Management Relations Act). We decide as a matter of federal law which state statute of limitations is appropriate.

The parties’ choice of limitations period in an insurance contract is generally enforced under federal law unless it is “unreasonable or fundamentally unfair.” Dempsey v. Norwegian Cruise Line, 972 F.2d 998, 999 (9th Cir.1992). In an ERISA case, we ordinarily borrow the forum state’s statute of limitations so long as application of the state statute’s time period would not impede effectuation of federal policy. Pierce County Hotel Employees et al. v. Elks Lodge, 14-50, 827 F.2d 1324, 1328 (9th Cir.1987). In Pierce County no contractual choice of law provision was at issue. Where a choice of law is made by[*1129] an ERISA contract, it should be followed, if not unreasonable or fundamentally unfair.

Kagan does not argue that the choice of law provision, which he concedes is “sweeping,” contains an exception for the statute of limitations. Cf. Des Brisay v. The Goldfield Corp., 637 F.2d 680 (9th Cir.1981). Nor does he demonstrate that the choice of Massachusetts law is unreasonable or fundamentally unfair. Wang was headquartered in Massachusetts, and most of the employees covered by the Plan are in Massachusetts, so viewed from the time when the contract was made, when a particular individual could not know whether he would be a litigant, the choice of Massachusetts law for all state law questions was fair and reasonable.

In the context of a choice of forum clause, the Supreme Court explained the reasons why we should defer to such contractual choices:

a clause establishing ex ante the forum for dispute resolution has the salutary effect of dispelling any confusion about where suits arising from the contract must be brought and defended, sparing litigants the time and expense of pretrial motions to determine the correct forum, and conserving judicial resources that otherwise would be devoted to deciding those motions, [citation omitted] Finally, it stands to reason that passengers who purchase tickets containing a forum clause like that at issue in this case benefit in the form of reduced fares reflecting the savings that the cruise line enjoys by limiting the fora in which it may be sued.

Carnival Cruise Lines, Inc. v. Shute, — U.S. -, -, 111 S.Ct. 1522, 1527, 113 L.Ed.2d 622 (1991). The choice of statute of limitations is less burdensome to a plan beneficiary than choice of forum, because he can litigate in his home state. The benefit to the plan of a contractual choice of law is great, yet there is no unfairness to the beneficiary. No sensible person would hesitate to join a health plan because claims would be subject to the limitations period of the employer’s headquarters state. The plan’s administrative costs and reserves for litigation expenses would necessarily have to account for greater risk and uncertainty if the plan were subject to the choice of law doctrine of every state in which it might be sued, and whatever substantive law that doctrine might import. The benefits of enforcing the contractual choice of law redound ultimately to the beneficiaries, as in Carnival Cruise Lines, and to the “soundness and stability of plans,” an explicit statutory objective of ERISA. 29 U.S.C. § 1001(a).

The parties’ contractual choice of law requires that Massachusetts’ six-year statute of limitations applies. Since it was not unreasonable or fundamentally unfair, the court is bound by it. Under the Massachusetts statute, Wang’s claims were timely. The district court correctly entered summary judgment against him on Wang’s ERISA claims. [3]

AFFIRMED.

1

. Wang cross-appealed the dismissal of its punitive damages claims, but at oral argument conceded the cross-appeal if it prevailed on appeal. Since we affirm the district court, we accordingly dismiss the cross-appeal on punitive damages.

2

. On appeal, Kagan argued that Wang’s claims are barred by ERISA’s three-year statute of limitations, 29 U.S.C. § 1113(2). Kagan did not raise this issue below. We decline to exercise our discretion to consider it. United States v. Carlson, 900 F.2d 1346, 1349 (9th Cir.1990). Ka-gan cited no authority in support of his claim that his challenge need not have been raised below because the statute of limitations at issue is “jurisdictional.”

3

. Wang asserted as one of its points on appeal that the district court erred in granting summary judgment for Kagan on its claims for breach of contract, fraud and negligent misrepresentation. However, it failed to cite any authority or make any argument for this position. Thus, it waived these issues on appeal. Northwest Acceptance Corp. v. Lynnwood Equipment, Inc., 841 F.2d 918, 924 (9th Cir.1988).