| 21-471 |
John Doe 1, et al. v. Express Scripts, Inc., et al. |
Second Circuit |
2021-10-04 |
Denied |
CVSGAmici (2)Relisted (3) |
benefit-pricing circuit-split erisa erisa-fiduciary fiduciary-duties pegram-v-herdrich plan-management price-control pricing third-party-administrator |
1. Does an administrator hired by an ERISA plan act as a fiduciary when it controls prices paid by the plan or its participants (as the Fourth, Fifth,… |
| 20-1255 |
Jeffrey Schweitzer, et al. v. Investment Committee of the Phillips 66 Savings Plan, et al. |
Fifth Circuit |
2021-03-10 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
defined-contribution-plan diversification erisa erisa-fiduciary fiduciary-duty imprudent-investment investment-diversification participant-claims participant-rights pleadings single-stock-fund |
Is an ERISA fiduciary entitled to dismissal on the pleadings of a plan participant's claim that the fiduciary imprudently maintained an undiversified,… |
| 20-1150 |
Shelby L. Haynes, et al. v. Central States, Southeast and Southwest Areas Health and Welfare Fund, et al. |
Seventh Circuit |
2021-02-22 |
Denied |
|
agreement common-fund common-fund-rule equitable-lien erisa erisa-fiduciary fiduciary non-contractual-claims plan-administrator retroactive-application retroactivity |
1. Can an ERISA plan fiduciary assert equitable
lien by agreement claims against persons with
which it has no agreement?
2. Can the undisclosed condi… |
| 19-1462 |
Principal Life Insurance Company v. Frederick Rozo |
Eighth Circuit |
2020-07-07 |
Denied |
Amici (2)Response Waived |
asset-management defined-contribution-plans employee-benefit-plan erisa erisa-fiduciary fiduciary fiduciary-duty investment participant-control rate-of-return retirement-savings withdrawal withdrawal-rights |
Whether a service provider is a fiduciary under 29 U.S.C. § 1002(21)(A)(i) when it changes the rate of return on a product offered in an employee bene… |
| 18-926 |
Putnam Investments, LLC, et al. v. John Brotherston, Individually and on Behalf of All Others Similarly Situated, et al. |
First Circuit |
2019-01-16 |
Denied |
CVSGAmici (4)Relisted (2) |
active-management burden-of-proof circuit-split erisa erisa-fiduciary erisa-fiduciary-duty fiduciary-duty index-funds investment-options loss-causation |
A fiduciary of an ERISA plan is personally liable for "losses to the plan resulting from" a breach of fiduciary duty. 29 U.S.C. § 1109(a).
Fiduciarie… |