United States Second Circuit

In an ERISA action against present and former trustees and plan managers of plaintiffs' pension funds for breach of fiduciary duty, the judgment of the district court is affirmed in part, vacated in part, and remanded where: 1) dismissal of the Counts I-V was proper because the trustees were not acting as fiduciaries in amending the plan, as there are ample justification to deem that the Supreme Court's opinions in Curtiss-Wright, Lockheed, and Hughes Aircraft have abrogated Chambless and Siskind with respect to multi-employer plans; 2) dismissal of Counts VII-IX is vacated as issues of fact remain; and 3) the district court properly denied the motion to amend following its denial of the motion for reconsideration.

Appellate Information

• Decided 08/27/2012
• Published 08/27/2012

Judges

• Newman

Court

• United States Second Circuit

Counsel