Last week, the plaintiffs in Tibble v. Edison Int’l and Leimkuehler v. American United Life Insurance Co. separately filed petitions to the United States Supreme Court seeking writs of certiorari. This follows the petition filed by the defendants in Abbott v. Lockheed Martin Corporation seeking to overturn the class cert decision by the 7th Circuit which was very favorable … Continue reading Tibble and Leimkuehler Plaintiffs Separately Appeal to the US Supreme Court
The 7th Circuit has decided in favor of the defendant in Leimkuehler v. American United Life Insurance Co. (AUL). A copy of the decision can be found here. Previously, the district court had decided in favor of AUL finding that they were not a fiduciary to the retirement plan at issue. The district court had granted … Continue reading 7th Circuit decides in favor of Defendant in Leimkuehler v. American United Life Insurance Co.
Case Highlights Status of the Case: On April 16, 2013, the 7th Circuit affirmed the decision of the district court finding that American United Life Insurance Co. (AUL) is not a fiduciary to the plan in question. The district previously granted summary judgment to AUL. In March 2014, the Supreme Court denied the plaintiffs’ petition … Continue reading Leimkuehler v. American United Life Insurance Co.
On Friday, September 26, 2014, in Santomenno v. John Hancock, et al. the Third Circuit Court of Appeals found in favor of the John Hancock defendants in a putative ERISA class action filed against them over excessive fees, affirming the district court’s dismissal of the lawsuit. There have been a number of well drafted blog pieces … Continue reading John Hancock Dodges ERISA Class Action – An Analysis of the Bigger Picture
On May 20, 2014, in Goldenstar v. MassMutual, a long running lawsuit brought by a proposed class of client defined contribution plans, MassMutual Life Insurance Company has been found to be a functional fiduciary under ERISA § 3(21)(i) and (iii) when it determines its own compensation for services provided in the MassMutual Separate Investment Accounts (“SIAs”) it offers through … Continue reading MassMutual is Found to be a Fiduciary in ERISA Suit by Proposed Class of Client Plans