STORY FROM: Reinsurance & Arbitration

Plaintiffs in ERISA Case Oppose Captive Reinsurer’s Motion to Stay Action

NEW YORK — Plaintiffs accusing a captive reinsurer of violating the Employee Retirement Income Security Act have opposed a motion to stay the litigation pending a U.S. Supreme Court ruling in another ERISA case.

In an Oct. 4 letter to Judge Ann M. Donnelly of the U.S. District Court for the Eastern District of New York, the plaintiffs contend that the high court’s anticipated decision in Thole v. U.S. Bank, National Ass’n, 139 S. Ct. 2771 (2019) will not determine their standing in the instant case.

The plaintiffs maintain that they have established standing based on individual, de facto injuries, ...

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