Veterans – Benefits – breach of fiduciary duty

By: WISCONSIN LAW JOURNAL STAFF//December 23, 2014//

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U.S Court of Appeals For the Seventh Circuit

Civil

Veterans – Benefits – breach of fiduciary duty

A claim alleging breach of fiduciary duty by a veteran’s appointed fiduciary was properly dismissed.

“The complaint here is really a challenge to a federal fiduciary appointment and to veteran benefits distribution and as such, we lack jurisdiction over it. Decisions made by the Secretary regarding benefits about which the plaintiffs take issue can be challenged in accordance with the statutorily prescribed process. Indeed, the plaintiffs did just that in the Veterans Court and Federal Circuit, and now recast allegations made against the Secretary as allegations against the Bank. The district court was right to grant the motion to dismiss the case. This conclusion makes it unnecessary for us to address the Secretary’s sovereign immunity argument.”

Affirmed.

13-3054 Evans v. Greenfield Banking Co.

Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Williams, J.

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