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| Ninth Circuit: No Fiduciary Breach for Miscalculation of Pension Benefits, But State Law Negligence Claims Not Preempted by ERISA Roberts Disability Law  Apr. 16, 2021 "[T]he court determined that Plaintiffs failed to state a claim for breach of fiduciary duty ... because calculation of benefits pursuant to a formula is not a fiduciary function.... [T]he court determined that Plaintiffs' state-law professional negligence and negligent misrepresentation claims are not preempted by ERISA because they do not have a 'reference to or connection with' an ERISA plan." [Bafford v. Northrop Grumman Corp., No. 20-55222 (9th Cir. Apr. 15, 2021)] |
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