In his decision back in April, U.S. District Judge David L. Bunning declined to dismiss former members of St. Elizabeth Medical Center Employees’ Pension Plan Administrative Committee from an Employee Retirement Income Security Act breach-of-fiduciary-duty claim that the plan had not been properly funded.
On Friday, October 5, 2018, Judge Bunning once again rejected the former administrative committee members’ attempts to be dismissed from the case and denied their motion for reconsideration.
Arguing that the Judge’s April order was in conflict with Duncan v. Muzyn, a Sixth Circuit Court decision where it was found that the plaintiff in the case hadn’t alleged any “more than a hypothetical loss of expected benefits,” and based thereon, dismissed the plan management team from the claim.