A federal judge has denied a motion to dismiss abreach-of-fiduciary-duty lawsuit against Denver-based CatholicHealth Initiatives, saying that the overseers of the hospitalsystem’s defined benefit plan can be sued, even though the planoperates as a “churchplan.”
The decision, filed on Sept. 30, was made in spite of the factthat, in August, U.S. District Judge Robert Blackburn rejected amagistrate judge’s recommendation that the court strip CHI of itschurch plan status.
Blackburn found that the allegations made by the lead plaintiff,Janeen Medina, were “adequate to put the individual defendants onnotice that they each allegedly failed to exercise the power oftheir positions to make the plan compliant with ERISA.”
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