SANTOMENNO v. JOHN HANCOCK LIFE INS. CO. (U.S.A.)

No. 11-2520.

677 F.3d 178 (2012)

Danielle SANTOMENNO, for the use and benefit of the JOHN HANCOCK TRUST and the John Hancock Funds II; Karen Poley and Barbara Poley, for the use and benefit of the John Hancock Funds II; Danielle Santomenno, Karen Poley and Barbara Poley individually and on behalf of Employee Retirement Income Security Act of 1974, as amended ("ERISA"), employee benefit plans that held, or continue to hold, group variable annuity contracts issued/sold by John Hancock Life Insurance Life Insurance Company (U.S.A.), and Participants and beneficiaries of all such ERISA covered employee benefit plans; and Danielle Santomenno individually and on behalf of any person or entity that is a party to, or has acquired rights under, an individual or group variable annuity contract that was issued/sold by John Hancock Life Insurance Company (U.S.A.) where the underlying investment was a John Hancock proprietary fund contained in the John Hancock Trust, v. JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A.); John Hancock Investment Management Services; John Hancock Funds, LLC; John Hancock Distributors, LLC, Danielle Santomenno, Karen Poley, Barbara Poley, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: April 16, 2012.


Attorney(s) appearing for the Case

Arnold C. Lakind, Esq. (Argued), Robert L. Lakind, Esq. , Szaferman, Lakind, Blumstein & Blader, P.C., Lawrenceville, NJ, for Appellant.

M. Patricia Smith , Solicitor of Labor (Did not enter an appearance), Timothy D. Hauser , Associate Solicitor, Plan Benefits Security Division (Did not enter an appearance), Elizabeth Hopkins , (Did not enter an appearance), for Appellate and Special Litigation.

Robin S. Parry, Esq. , Nathaniel I. Spiller, Esq. (Argued), U.S. Department of Labor, Office of the Solicitor, Plan Benefits Security Division, Washington, DC, for Amicus Appellant.

James O. Fleckner, Esq. (Argued), Alison V. Douglass, Esq. , Daniel P. Condon, Esq. , Goodwin Procter LLP, Boston, MA, Brian J. McMahon, Esq. , Gibbons P.C., Newark, NJ, for Appellees.

Before: SLOVITER and VANASKIE, Circuit Judges, and POLLAK, District Judge.


OPINION OF THE COURT

VANASKIE, Circuit Judge.

Danielle Santomenno, Karen Poley, and Barbara Poley (collectively, "Participants") brought suit against John Hancock Life Insurance Company (U.S.A.) and its affiliates (collectively, "John Hancock") under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., and the Investment Company Act of 1940 (ICA), 15 U.S.C. § 80a-1 et...

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