WINSOR v. SEQUOIA BENEFITS & INSURANCE SERVICES

No. 21-16992.

62 F.4th 517 (2023)

Rachael Wright WINSOR, individually and on behalf of the RingCentral, Inc. Welfare Benefits Plan, and on behalf of similarly situated persons; Nicole Beichle, individually and on behalf of the RingCentral, Inc. Welfare Benefits Plan, and on behalf of similarly situated person, Plaintiffs-Appellants, v. SEQUOIA BENEFITS & INSURANCE SERVICES, LLC; Gregory S. Golub, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 8, 2023.


Attorney(s) appearing for the Case

Brock J. Specht (argued), Paul J. Lukas , and Grace I. Chanin , Nichols Kaster PLLP, Minneapolis, Minnesota; Matthew C. Helland and Daniel S. Brome , Nichols Kaster LLP, San Francisco, California; for Plaintiffs-Appellants.

Mark C. Nielsen (argued), David N. Levine , Sarah M. Adams , Kara P. Wheatley , Paul J. Rinefierd , and Kalena R. Kettering , Groom Law Group Chartered, Washington, D.C.; Jeffrey S. Bosley and Andrew G. Row , Davis Wright Tremaine LLP, San Francisco, California; for Defendants-Appellees.

Jamie Bowers (argued), Trial Attorney; Thomas Tso , Counsel for Appellate and Special Litigation; G. William Scott , Associate Solicitor for Plan Benefits Security; Seema Nanda , Solicitor of Labor; United States Department of Labor, Office of the Solicitor, Plan Benefits Security Division; Washington, D.C.; for Amicus Curiae Secretary of Labor.

Meaghan VerGow and Alexander Reed , O'Melveny & Myers LLP, Washington, D.C.; Janet Galeria and Paul Lettow , United States Chamber Litigation Center, Washington, D.C.; for Amicus Curiae Chamber of Commerce of the United States of America.

Before: Daniel A. Bress and Lawrence VanDyke, Circuit Judges, and Jane A. Restani, Judge.


OPINION

Participants in an ERISA welfare benefits plan sued the manager of a Multiple Employer Welfare Arrangement (MEWA) for alleged breach of fiduciary duty. The question is whether plaintiffs have Article III standing. We hold that under the facts alleged, they do not. We affirm the dismissal of plaintiffs' complaint...

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