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Retirement Program for Employees of Town of Fairfield v. NEPC, LLC

D. Conn.July 16, 2009No. Civil 3:09cv506 (JBA)Cited 7 times
RemandedNEPC, LLC
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Case Details

Judge(s)
Janet Bond Arterton
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
motion to dismiss

Related Laws

No specific laws identified for this ruling.

Outcome

Court denied defendant NEPC's motion to remove the case based on fraudulent joinder of non-diverse defendant KPMG, finding plaintiffs stated viable negligence claims against KPMG and remanding the case to state court.

What This Ruling Means

**Town Retirement Program vs. Investment Advisor: Federal Court Sends Case Back to State Court** This case involved a retirement program for Town of Fairfield employees that sued their investment advisor, NEPC, LLC, along with accounting firm KPMG. The retirement program claimed NEPC was negligent and breached their duty to properly manage the program's investments, while also alleging KPMG was negligent in their role. NEPC tried to move the case from state court to federal court, arguing that KPMG was improperly added to the lawsuit just to keep it in state court (since NEPC and the retirement program were from different states, which normally allows federal court jurisdiction). However, the federal court disagreed. The court found that the retirement program had legitimate negligence claims against KPMG and wasn't just trying to manipulate which court would hear the case. As a result, the court sent the case back to state court. This matters for workers because it shows that employee retirement programs can pursue legal action against both investment advisors and other professional service providers when they believe their retirement funds were mismanaged. It also demonstrates that courts will protect workers' right to choose the appropriate court system for their claims.

This summary was generated to explain the ruling in plain English and is not legal advice.

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