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6/30/2004: 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 Massachusetts)
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.
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