Overall v. Ascension Health

Case Highlights

Status of the Case:

  • This case is a sister case to four other similarly alleged cases:
  • Plaintiffs allege that the defined benefit pension plan sponsored by the defendant, a non-profit hospital conglomerate, is not entitled to the Church Plan exemption.
  • The complaint was filed on March 28, 2013.
  • Defendants filed a Motion to Dismiss on June 28, 2013. Plaintiffs have responded and Defendants have replied.
  • On September 16, 2013, the United States of America intervened in the case because of the constitutional questions raised by the Plaintiffs. At this stage, they are declining to file any briefing.
  • On October 9, 2013, the Becket Fund for Religious Liberty filed an Amicus Brief in support of Defendants.
  • On November 18, 2013, a hearing was held and the Motion to Dismiss was taken under advisement.
  • On May 9, 2014, the court found in favor of the defendants and dismissed all claims of the plaintiffs.

Issues:

  • Church Plan Exemption

Posts:

Key Defendants:

  • Ascension Health
  • Ascension Health Alliance
  • Catholic Health Investment Management Company (“CHIMCO”)

Significant Filings:

Commentary:

Background

Court(s):

  • Eastern District of Michigan
    • Case No. 13-11396

Judge(s):

  • District Judge Avern Cohn
  • Magistrate Judge Laurie J. Michelson

Defendants:

  • Ascension Health
  • Ascension Health Alliance
  • Catholic Health Investment Management Company (“CHIMCO”)
  • Derek Beecher
  • Jean deBlois
  • Eric Feinstein
  • William Finlayson
  • Timothy Flesch
  • Trennis Jones
  • Kathleen Kelly
  • Ellen Kron
  • Tom Langston
  • Laura Lentenbrink
  • Patrick McGuire
  • Joseph O. Murdock
  • Theresa Peck
  • Barbara Potts
  • Larry Smith
  • Anthony Tersigni
  • Herbert Vallier
  • Douglas Waite
  • Frank Warning
  • Carol Whittington

Attorneys – Plaintiffs:

  • Cohen Milstein Sellers & Toll, PLLP
  • Keller Rohrback, LLP

Attorneys – Defendants:

  • Greensfelder Hemker & Gale, PC
  • Miller Canfield, PLC
  • Proskauer Rose, LLP

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