No. 23-1025

D.L. Markham DDS, MSD, Incorporated 401(K) Plan, et al. v. Variable Annuity Life Insurance Company

Lower Court: Fifth Circuit

Docketed: 2024-03-18

Status: Denied

Type: Paid

Response Waived

Tags: 29-usc-1106 29-usc-1108 amendment-opportunity erisa-plan exemptions judicial-discretion motion-to-dismiss prohibited-transactions service-provider statutory-prohibition

Latest Conference: 2024-05-09

Question Presented (from Petition)

1. What transactions between an ERISA plan and
a service provider are prohibited by 29 U.S.C.
§ 1106(a)(1)(C) unless exempt under 29 U.S.C.
§ 1108(b)(2)?

2. Does a district court abuse its discretion when,
for reasons other than futility, it denies plaintiffs an
opportunity to amend their first complaint after granting a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6)?

Question Presented (AI Summary)

What transactions between an ERISA plan and a service provider are prohibited by 29 U.S.C. § 1106(a)(1)(C) unless exempt under 29 U.S.C. § 1108(b)(2)?