Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Plan Compliance Analyst (Administrator)


RPA logo

Education Consultant

(Remote / Putnam Valley NY)

Pentegra logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile App image LinkedIn icon
Twitter icon
Facebook icon

<< Previous news item   |   Next news item >>

Text of Court's Memo and Opinion Denying Motion to Dismiss Fiduciary Suit Against Directed Trustee (PDF)
U.S. District Court for the District of MassachusettsLink to more items from this source
June 30, 2004
39 pages; Kling v. Fidelity Management Trust Co. (No. 01-CV-11939-MEL, 6/23/04). Excerpt: Fidelity can be found liable if Kling is able to prove at trial that Fidelity followed orders contrary to ERISA or the Plan.... [A]lthough Fidelity may not have exercised discretion over Plan assets sufficient to convey fiduciary status as to the investment of those assets, Fidelity's duty to distinguish between proper and improper instructions was itself a fiduciary duty.

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2022, Inc.