Alabama Federal Magistrate Recommends Dismissal Of Breach Of Fiduciary Duty Claims
(September 9, 2016, 10:37 AM EDT) -- MONTGOMERY, Ala. — An Alabama federal magistrate judge on Aug. 25 recommended that breach of fiduciary claims alleged against an employee welfare plan and a disability insurer be dismissed because the plaintiff is provided with an adequate remedy under Section 502(a)(1)(B) of the Employee Retirement Income Security Act (Richard P. Shultz v. Aetna Life Insurance Co. et al., No. 16-94, M.D. Ala.; 2016 U.S. Dist. LEXIS 114889).
(Report and recommendation available. Document #17-160912-024R.)
Richard P. Shultz filed suit in the U.S. District Court for the Middle...