CL&M Secures Summary Judgment Dismissing All Claims

Litigation partners Judith A. Lockhart and Gerald W. Griffin and associates Leonardo Trivigno and Michael H. Bauscher successfully persuaded a federal district court judge to dismiss a RICO case against our client, a third-party administrator of ERISA defined-benefit plans. The dispute arose as a result of the Plaintiffs’ dissatisfaction with investment losses incurred following the financial crisis of 2008. The Plaintiffs alleged that the losses were not market losses but rather funds embezzled from the Plan over a period of approximately 10 years and placed in a secret side account. Plaintiffs sought damages in excess of $1.2 million. In dismissing all of the Plaintiffs’ claims Judge John G. Koeltl held that the Defendants had established that there was simply “no evidence of embezzlement.” 

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