Legal Opinion · Dissent
Bell v. Pfizer, Inc.
Court of Appeals for the Second Circuit
Decided August 30, 2010No. Docket 07-5390-cvPublished
1DissentCogan, District Judge
This is a case about a company making multiple misrepresentations and omissions to repeated inquiries by one of the plan’s beneficiaries, Dr. Diana Bell, regarding its ERISA regulated retirement plan. Because I conclude that Pfizer was acting in a fiduciary capacity when it made those misrepresentations and omissions, I dissent. I express no view on whether Pfizer’s misrepresentations and omissions were material, and whether Bell reasonably relied on them to her detriment, as I believe the district court should address these issues in the first instance. I would therefore remand to the…
2Cases cited9 opinions
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Lynn E. Anweiler v. American Electric Power Service Corporation and Aetna Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1993
- Joan Eddy, of the Estate of James Peter Eddy v. Colonial Life Insurance Company of AmericaCourt of Appeals for the D.C. Circuit · 1990
- Bouboulis v. Transport Workers Union Of AmericaCourt of Appeals for the Second Circuit · 2006
- Estate of Becker v. Eastman Kodak Co.Court of Appeals for the Second Circuit · 1997
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