JOHN HANCOCK TRUST v. JOHN HANCOCK LIFE INS. CO.

No. 13-3467.

768 F.3d 284 (2014)

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 Erisa employee benefit plans that held, or continue to hold, group variable annuity contracts issued/sold by John Hancock Life Insurance Company (U.S.A.), and the 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. Danielle Santomenno; Karen Poley; Barbara Poley, Appellants v. JOHN HANCOCK LIFE INSURANCE COMPANY (U.S.A); John Hancock Investment Management Services, LLC; John Hancock Funds; LLC, John Hancock Distributors, LLC.

United States Court of Appeals, Third Circuit.

Filed: September 26, 2014.


Attorney(s) appearing for the Case

Arnold C. Lakind, Esq. , Robert L. Lakind, Esq. , Robert E. Lytle, Esq. , Moshe Maimon, Esq., Stephen Skillman, Esq. , Argued, Szaferman, Lakind, Blumstein & Blader, Lawrenceville, NJ, for Appellants.

Daniel P. Condon, Esq. , Alison V. Douglass, Esq. , James O. Fleckner, Esq. , Argued, Goodwin Procter, Boston, MA, for Appellees.

Jonathon B. Lower, Esq. , Brian J. McMahon, Esq. , Gibbons, Newark, NJ, for Appellees.

Radha Vishnuvajjala, Esq. , Argued, United States Department of Labor, Washington, DC, for Amicus Curiae Secretary United States Department of Labor.

Eric S. Mattson, Esq. , Sidley Austin, Chicago, IL, for Amicus Curiae American Council of Life Insurers.

Before: FISHER, VAN ANTWERPEN and TASHIMA, Circuit Judges.


OPINION OF THE COURT

FISHER, Circuit Judge.

Plaintiff-Appellants Danielle Santomenno, Karen Poley, and Barbara Poley (collectively, "Participants") invested money in 401(k) benefit plans. They brought suit on behalf of themselves and a putative class of benefit plans and plan participants that have held or continue to hold group annuity contracts with Defendant-Appellees John Hancock Life Insurance Company (U.S.A.), John Hancock Investment Management Services...

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