Breach of Fiduciary Duty – Retirement Plan

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WI Court of Appeals – District II

Case Name: Ann Cattau, et al. v. National Insurance Services of Wisconsin, Inc. et al.

Case No.: 2016AP493

Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.

Focus: Breach of Fiduciary Duty – Retirement Plan

This case is a smaller piece of a larger lawsuit by former teachers and administrators from the Neenah School District (Plaintiffs) who claim damages resulting from the federal tax noncompliance of a retirement plan. The Plaintiffs sued several entities, including most prominently the School District itself. The issue in this appeal concerns allegations against two entities— MidAmerica Administrative & Retirement Solutions, Inc. (MidAmerica) and National Insurance Services of Wisconsin, Inc. (NIS)—who, according to the complaint, assisted in the administration and delivery of the offending retirement plan. The Plaintiffs’ claims against these two entities were for negligence, breach of fiduciary duty, and both negligent and strict responsibility misrepresentation. MidAmerica and NIS brought a motion to dismiss all claims on the pleadings, a motion the circuit court granted. The Plaintiffs appeal that decision along with the circuit court’s refusal to grant leave to amend the complaint to remedy any pleading deficiencies. We affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.