Jenner & Block

“What Happens After Breach of Fiduciary Duty Claims Stemming from Denials of Benefits Survive a Motion to Dismiss,” Employee Relations Law Journal

In this article, Jenner & Block Partners Craig C. Martin and Amanda S. Amert focus on the recent decision in O’Rourke v. Northern California Electrical Workers Pension Plan.  The case “demonstrates that, even where a court permits a breach of fiduciary duty claim to outlive a claim for benefits, plaintiffs still may have difficulty establishing an actionable fiduciary breach in the typical claim for benefits context,” the authors observe.  They give background of O’Rourke and explain the court’s decision, concluding that the case shows “the challenges plaintiffs face when seeking to convert claims for benefits into damages for breach of fiduciary duties.”