IN RE TYCO INTERN. LTD. MULTIDISTRICT LITIGATION

MDL No. 02-1335-PB. Case No. 02-1357-PB.

606 F.Supp.2d 166 (2009)

2009 DNH 046

In re TYCO INTERNATIONAL, LTD. MULTIDISTRICT LITIGATION (MDL 1335).

United States District Court, D. New Hampshire.

April 3, 2009.


Attorney(s) appearing for the Case

Kenneth G. Bouchard, Bouchard Kleinman & Wright P.A., Hampton, NH, Robert A. Izard, Schatz & Nobel P.C., Hartford, CT, for Plaintiffs.

Francis P. Barron, Cravath Swaine & Moore LLP, Michael J. Grudberg, Stillman & Friedman P.C., Brian J. Gallagher, Emma Terrell, Cooley Godward Kronish LLP, New York, NY, Michael J. Connolly, Hinckley Allen & Snyder, Concord, NH, William T. Hassler, Steptoe & Johnson LLP, Washington, DC, Edward A. Haffer, Sheehan Phinney Bass & Green, Manchester, NH, for Defendants.

Michael J. Beck, Washington, DC, pro se.


MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

Section 404(c) of ERISA provides certain fiduciaries with an affirmative defense against ERISA claims brought by plan participants or beneficiaries who exercise control over the assets in their individual account pension plans. Plaintiffs argue in a motion for summary judgment that this defense is unavailable to fiduciaries who are sued because of a decision to designate the investment options that...

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