Judge Tosses ERISA Suit Against Data Co.

Law360, New York (March 20, 2007, 12:00 AM EDT) -- A federal judge has tossed a proposed class action in which a group of employees alleged a data collection company breached its fiduciary duty, ruling the claims do not qualify under the Employee Retirement Income Security Act.

Plaintiff Curtis Mellot said that ChoicePoint Inc. violated its duty when it made “material misrepresentations” about its abilities to protect personal information, the order said.

These misleading statements, made between February and March 2005, caused the company’s stocks to plummet by more than 17%, Mellot claimed.

But ERISA does...
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