Dowlingtzon v. Michigan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• rejecting argument that consultants become ERISA fiduciaries by “perform[ing] professional functions in a tortious manner, regardless of what capacity they are acting in when their tortious deeds occur”
• refusing to create federal common law when plaintiff's argument \concerned the distinct question of whether ERISA creates a remedy against parties ... for violations of these 'rights and obligations' \
• actuaries who merely gave advice to plan trustees and invited reliance on such advice did not thereby become fiduciaries
• “discretionary authority” and “discretionary control” refer to actual decision-making power, not the influence a professional may have over the decisions made by the plan trustees
• “[T]here is no pro se rule” that prevents professionals who render advice to an ERISA plan from becoming fiduciaries____ [T]he question ... involves factual determinations____
• \discretionary authority\ and \discretionary control\ refer to actual decision-making power, not the influence a professional may have over the decisions made by the plan trustees

Source: CourtListener parenthetical corpus (CC0).