Fenwick v. Merrill Lynch & Co., Inc.

MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT AND MOTION FOR CLASS CERTIFICATION

WARREN W. EGINTON, Senior District Judge.

Plaintiffs William Fenwick and Timothy Fisher bring this action on behalf of themselves and all similarly situated adult participants and/or beneficiaries of the Ad-vest, Inc. Account Executive Nonqualified Defined Benefit Plan (“AE Plan”) who have been or will be denied benefits under the AE Plan because they terminated their employment at Advest.

Specifically, plaintiffs assert that defendants breached the Employee Retirement Income Security Act (“ERISA”) because…