L.I. Head Start Child Dev. Servs., Inc. v. Economic Opportunity Comm’n of Nassau Cnty., Inc.

Another ERISA case form the Second Circuit which allows for a Plaintiff to assert breach of fiduciary duty for a breach of contract claim. It appears that courts are now starting to recognize that a breach of fiduciary claim is viable under ERISA.

Plaintiffs sued the administrators of CAAIG contending that they breached their fiduciary duties to CAAIG under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., by failing to ensure that CAAIG had sufficient assets with which to satisfy the judgment. The district court agreed and entered judgment against the Plan Administrators. The court concluded that LIHS had standing under ERISA 502(a) as a fiduciary of the Plan; the Underfunding Claim and EOC Suffolk Delinquency Claim were timely; the Administrators conceded that the breach of a contractual obligation in the Plan documents constituted a breach of their fiduciary duties under section 404(a)(1) of ERISA; and the Administrators breached their fiduciary duties with respect to the Underfunding Claim and the EOC Suffolk Delinquency Claim. Accordingly, the court affirmed the judgment.