In Re CMS Energy ERISA Litigation

How courts have described this case

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

• observing that “the Sixth Circuit has yet to address [the Third Circuit’s ruling] that officers are not deemed ERISA fiduciaries in the absence of express individual discretionary authority for plan administration”
• holding fiduciary status could not be determined on a motion to dismiss.
• “Having declined to dismiss the fiduciary liability claims, the court will also decline to dismiss any of the co-fiduciary liability claims at this juncture.”
• holding fiduciary status could not be determined on a motion to dismiss
• where a primary failure to monitor claim is properly pleaded, claims for co-fiduciary duty will survive a motion to dismiss
• claims having to do with communication of inaccurate information and the failure to disclose transactions that rendered financial statements materially false, asserted a claim for breach of fiduciary duty and did not sound in fraud

Source: CourtListener parenthetical corpus (CC0).