Lebahn v. Owens

McHUGH, Circuit Judge.

I. INTRODUCTION

Trent Lebahn sued Eloise Owens, a consultant for Mr. Lebahn’s employee pension plan, for negligently misrepresenting the amount of his monthly retirement benefits. The district court dismissed Mr. Lebahn’s negligent-misrepresentation claim, concluding it was preempted by the Employee Retirement Income Security Act. Mr. Le-bahn then filed an untimely Rule 59 motion, arguing preemption did not apply because Ms. Owens was not a fiduciary of the pension plan. The district court construed the untimely motion as one under Rule 60(b) and denied relief, reasoning…