Employer Escapes ERISA Breach Claims As It Is Not Named Or Functional Fiduciary

Mealey's (February 21, 2018, 2:07 PM EST) -- LOS ANGELES — A California federal judge on Feb. 15 agreed to dismiss breach of fiduciary duty claims against an employer in an Employee Retirement Income Security Act proposed class complaint, finding that the plaintiffs — all retired or former employees — failed to show that the defendant, who was not named a fiduciary under the employee pension benefit plan, was a functional fiduciary (Clifton Marshall, et al. v. Northrop Grumman Corp., et al., No. 16-6794, C.D. Calif.)....