Jerre DANIELS-HALL; David Hamblen, Plaintiffs-Appellants,
v.
NATIONAL EDUCATION ASSOCIATION, a Washington, D.C. corporation; NEA Member Benefits Corporation, a Delaware corporation; Security Benefit Corporation, a Kansas intermediate stock holding company; Security Benefit Life Insurance Company, a Kansas stock life insurance company; Security Benefit Group, a Kansas holding company and management and financial services company; Security Distributors, Inc., a Kansas corporation; Dennis Bernie Van Roekel, Director of NEA Member Benefits Corporation; Nationwide Life Insurance Company, an Ohio corporation; William Bjork, Director of NEA Member Benefits Corporation; Al Mance, Director of NEA Member Benefits Corporation; Sheridan Pearce, Director of NEA Member Benefits Corporation; Terri Sanders, Director of NEA Member Benefits Corporation; Susan Kuziak, Director of NEA Member Benefits Corporation; Sarah Borgman, Director of NEA Member Benefits Corporation; Lily Eskelsen, Chairman of the Board of Directors of NEA Member Benefits Corporation, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Julia Penny Clark , Bredhoff & Kaiser, PLLC, Washington, D.C., argued the cause for all defendants-appellees and filed the brief for defendant-appellee NEA. Jonathan Hacker , O'Melveny & Myers LLP, Washington, D.C., signed the same brief on behalf of defendant NEA MBC and the individual defendants. Douglas L. Greenfield and Abigail V. Carter , both of Bredhoff & Kaiser, PLLC, Washington, D.C., also were on the brief for defendant NEA, and Bob Eccles , O'Melveny & Myers LLP, Washington, D.C., also was on the brief for defendant NEA MBC and the individual defendants.
Nicholas T. Christakos , Sutherland Asbill & Brennan LLP, Washington, D.C., filed the brief for defendants-appellees Security Benefit Life Insurance Company, Security Distributors, Inc., Security Benefit Corporation, and Security Benefit Group, Inc. Steuart H. Thomsen, W. Mark Smith, and Phillip E. Stano, all of Sutherland Asbill & Brennan LLP, Washington, D.C., also were on the brief.
David J. Burman , Perkins Coie LLP, Seattle, WA, filed the brief for defendant-appellee Nationwide Life Insurance Company. Charles Platt and Emily Meyers , both of Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, also were on the brief, as were David Bowker and Mark Bieter , both of Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.
Melissa Bowman , U.S. Department of Labor, filed a brief for the Secretary of Labor as amicus curiae in support of the defendants-appellees. Nathaniel I. Spiller , Counsel for Appellate and Special Litigation, Timothy D. Hauser , Associate Solicitor, and Carol A. De Deo , Deputy Solicitor of Labor for National Operations, all of the U.S. Department of Labor, also were on the brief.
Before: CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN and MARSHA S. BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
O'SCANNLAIN, Circuit Judge:
We must decide whether the National Education Association established or maintained an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 by endorsing and aggressively marketing certain tax-sheltered annuities.
I
A
Both Jerre Daniels-Hall and David Hamblen (collectively, "Plaintiffs") are members of the National Education Association ("NEA") and employees...
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