Legal Opinion
Cramer v. John Alden Life Insurance
District Court, D. Montana
Decided February 4, 2011No. CV 10-77-M-DWM-JCLPublishedCited by 3 opinions
1Opinion of the Court
ORDER
DONALD W. MOLLOY, District Judge.
Plaintiff Stefanie Cramer (“Cramer”) brings this putative class action under the Employee Retirement Income Security Act, seeking damages for wrongful denial of benefits, breach of fiduciary duty, and declaratory relief. Defendants moved to dismiss arguing, among other things, that Cramer failed to state a claim upon which relief can be granted. Defendants’ argument is straightforward: Cramer’s com plaint alleges Defendants violated the Plan by “asserting” a subrogation claim, but the Plan’s subrogation provision prohibits enforcement, not assertion of…
2Cases cited41 opinions
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- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
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3Cited by3 opinions
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