No. 23-1025
D.L. Markham DDS, MSD, Incorporated 401(K) Plan, et al. v. Variable Annuity Life Insurance Company
Response Waived
Tags: 29-usc-1106 29-usc-1108 amendment-opportunity erisa-plan exemptions judicial-discretion motion-to-dismiss prohibited-transactions service-provider statutory-prohibition
Key Terms:
Arbitration ERISA
Arbitration ERISA
Latest Conference:
2024-05-09
Question Presented (AI Summary)
What transactions between an ERISA plan and a service provider are prohibited by 29 U.S.C. § 1106(a)(1)(C) unless exempt under 29 U.S.C. § 1108(b)(2)?
Question Presented (OCR Extract)
QUESTIONS PRESENTED 1. What transactions between an ERISA plan and a service provider are prohibited by 29 U.S.C. § 1106(a)(1)(C) unless exempt under 29 U.S.C. § 1108(b)(2)? 2. Does a district court abuse its discretion when, for reasons other than futility, it denies plaintiffs an opportunity to amend their first complaint after granting a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6)?
Docket Entries
2024-05-13
Petition DENIED.
2024-04-17
DISTRIBUTED for Conference of 5/9/2024.
2024-04-11
Waiver of right of respondent Variable Annuity Life Ins. Co., et al. to respond filed.
2024-03-13
Petition for a writ of certiorari filed. (Response due April 17, 2024)
Attorneys
D.L. Markham DDS, MSD, Incorporated 401(k) Plan, et al.
Christopher D. Baker — Baker Curtis & Schwartz, P.C., Petitioner
Variable Annuity Life Ins. Co., et al.
David Todd McDowell — McDowell & Hetherington LLP, Respondent