fiduciary

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-861 First Reliance Standard Life Insurance Company v. Giorgio Armani Corporation Ninth Circuit 2021-12-10 Denied circuit-split co-fiduciary contribution employee-benefits erisa fiduciary fiduciary-duty indemnity statutory-interpretation Whether a fiduciary can seek contribution and indemnity from a co-fiduciary under ERISA
21-761 OptumHealth Care Solutions, LLC v. Sandra M. Peters Fourth Circuit 2021-11-22 Denied Response RequestedResponse WaivedRelisted (2) circuit-split erisa fiduciary fiduciary-duty party-in-interest prohibited-transaction service-provider tenth-circuit-rule Whether a service provider must have a preexisting relationship with a plan to qualify as a 'party in interest' under ERISA § 406(a)
20-1634 Nicole Johnson-Gellineau v. Stiene & Associates, P.C., et al. Second Circuit 2021-05-24 Denied 15-usc-1692a(4) 15-usc-1692c(b) creditor creditor-definition debt-collection debt-collector fair-debt-collection-practices-act fiduciary fiduciary-duty litigation-communication statutory-interpretation Whether a fiduciary that obtains a defaulted debt, and is owed the debt, may qualify as a person facilitating collection 'for another' within the excl…
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 Can an ERISA plan fiduciary assert equitable lien by agreement claims against persons with which it has no agreement?
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…
18-9171 John Priestley, Jr. v. Two Houses, in Buckeye, Maricopa County, Arizona, et al. Ninth Circuit 2019-05-07 Denied IFP 18-usc-1962 beneficiary campaign-misconduct electronic-communication estate estate-property fiduciary fiduciary-duty judicial-immunity racketeering-statute rent rent-collection rental-contract violation Is a fiduciary's collection of rent from a beneficiary at approximately one hundred times the rental value of an estate's property a violation of 18 U…