"[ING Life Ins. and Annuity Co. (ILIAC)] argued that under ERISA section 3(21)(A)(i), its fiduciary status is limited to the extent it actually 'exercises ... discretionary authority' to manage a plan.... [T]he court ... found that such an interpretation of an ERISA fiduciary is too limited ... [and] that ILIAC is a fiduciary under 3(21)(A)(iii) related to its control over the funds.... The second breed of ERISA breach cases involving classes of plans, rather than classes of one plan's participants, are finally progressing to a determination of liability. The potential damages are magnitudes higher, as is the catastrophic harm to a service provider." [Healthcare Strategies et al. v. ING, No. 11-00282-WGY (D.C. Conn. Aug. 5, 2013)]

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