Barnes & Thornburg attorneys represented a pension plan and various plan fiduciaries in a case arising from a dispute regarding a plan beneficiary's benefits between the beneficiary's second wife and the children from his first marriage. Following the pension plan's benefits decision, the second wife sued the plan and its fiduciaries for breach of fiduciary duty and wrongful denial of benefits. In the district court, Defendants obtained a dismissal of the breach of fiduciary duty claim and the summary judgment on the wrongful denial of benefits claim. On appeal, the Seventh Circuit Court of Appeals affirmed the district court's decision.
Burns v. Orthotek, Inc. Employees’ Pension Plan & Trust, 657 F.3d 571 (7th Cir. 2011), 695 F. Supp. 2d 859 (N.D. Ind. 2010), 2009 U.S. Dist. LEXIS 19936 (N.D. Ind. March 11, 2009)
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