3rd Circ. Seeks Ruling On Whether Health Dues Are Plan Assets

Law360, New York (March 28, 2012, 3:28 PM EDT) -- The Third Circuit on Tuesday ruled in favor of the secretary of labor in an appeal over a health plan that allegedly pocketed most of the money it collected, ordering the lower court to determine whether the payments were plan assets covered by the Employee Retirement Income Security Act.

A three-judge appeals court panel issued a 38-page precedential opinion vacating a judgment in favor of former fund trustee Cynthia Holloway and Privileged Care Marketing Group Inc. owner James Doyle, who the secretary said breached their fiduciary...
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