Preferred Home Care of New York and Edison Home Health obtain victory in Second Circuit on ground of lack of constitutional standing

Client(s) Preferred Home Care of New York and Edison Home Health Care

Jones Day was co-counsel to Preferred Home Care of New York and Edison Home Health of New York in obtaining a summary affirmance by the Second Circuit dismissing breach of fiduciary duty claims under ERISA. The plaintiffs, in a putative class action, sought restitution and other remedies in connection with alleged improper management of assets under their employers’ health benefits plan. The Second Circuit upheld a lower court decision dismissing the ERISA claims on the ground that the plaintiffs failed to plead cognizable injury, and therefore lacked standing under Article III of the Constitution in light of Thole v. US Bank, NA, 140 S. Ct. 1615 (2020).

Gonzalez de Fuente v. Preferred Home Care of New York LLC, No. 20-3985-cv (2nd Cir., June 7, 2021)