No. 19-1462

Principal Life Insurance Company v. Frederick Rozo

Lower Court: Eighth Circuit
Docketed: 2020-07-07
Status: Denied
Type: Paid
Amici (2)Response Waived Experienced Counsel
Tags: asset-management defined-contribution-plans employee-benefit-plan erisa erisa-fiduciary fiduciary fiduciary-duty investment participant-control rate-of-return retirement-savings withdrawal withdrawal-rights
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether a service provider is a fiduciary under 29 U.S.C. § 1002(21)(A)(i) when it changes the rate of return on a product offered in an employee benefit plan, even though the plan's participants, by virtue of their freedom to withdraw from the product at any time, retain "authority [and] control respecting management [and] disposition" of their assets.

Question Presented (AI Summary)

Whether a service provider is a fiduciary under 29 U.S.C. § 1002(21)(A)(i) when it changes the rate of return on a product offered in an employee benefit plan, even though the plan's participants, by virtue of their freedom to withdraw from the product at any time, retain 'authority [and] control respecting management [and] disposition' of their assets

Docket Entries

2020-10-05
Petition DENIED.
2020-07-21
Brief amicus curiae of The American Council of Life Insurers filed. (Distributed)
2020-07-20
Brief amicus curiae of Stable Value Investment Association filed. (Distributed)
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-15
Blanket Consent filed by Petitioner, Principal LIfe Insurance Co.
2020-07-09
Waiver of right of respondent Frederick Rozo to respond filed.
2020-06-30
Petition for a writ of certiorari filed. (Response due August 6, 2020)

Attorneys

Frederick Rozo
Peter K. StrisStris and Maher LLP, Respondent
Principal LIfe Insurance Co.
Carter G. Phillips — Petitioner
Stable Value Investment Association
Mark Andrew PerryGibson Dunn & Crutcher, LLP, Amicus
The American Council of Life Insurers
Waldemar Jacob Pflepsen Jr.Faegre Drinker Biddle & Reath LLP, Amicus