UnitedHealth retirement lawsuit set to go to trial Class action suit alleging UnitedHealth caught with 'hand in the cookie jar' to go to trial
Judge
The lawsuit was amended in
In his ruling, Tunheim said the case would be scheduled for court at the next available trial date.
"Because a reasonable trier of fact could easily find that plaintiff
"There are genuine disputes of material fact as to whether United breached its duties of prudence and loyalty under the Employee Retirement Income Securities Act by investing its employees' 401(k) savings in underperforming
In a Wednesday statement to the
Tunheim noted how evidence shows Rex requested "balance of trade" ledgers be produced, to show how much business
On one side of the ledger, United generated between
These comparisons, Tunheim wrote, showed that United's most profitable relationship was with Wells.
The judge also cited an email from a Wells employee that documented how in
"Rex's request for balance of trade ledgers and his statement to Wells about jumping in front of a freight train, to name two instances, show the injection of business interests into the plan selection process," Tunheim wrote, while noting that the parties debate whether the statement recorded in the email is hearsay, and therefore not admissible. "The loyalty issue is not a particularly close call, and the court would deny summary judgment even absent the email."
The
The company argues the
In
As a non-finalist, Wells was "ostensibly out of the running," according to the ruling. Yet the bank ultimately decided in
United says
Plaintiffs say a prudent fiduciary would have moved much faster to change providers, rather than embark on a nearly three-year process. Plus, they argue United brought its business ties with
"Consideration of United's relationship with Wells did not end with Rex," the judge wrote. "Rather, the committee received word that United executives, including its president
Tunheim noted how Rex instructed the company's consultant be out of the room for committee discussions for more than two months leading up to the decision.
In
United argued that the fact it was not ultimately awarded the health insurance contract the following winter "shows there was no quid pro quo," Tunheim wrote. But this does not resolve the company's pre-bidding motivation, the judge ruled, since Wells decided on the health insurance contract later.
"Rex may have still been motivated by the potential contract and simply miscalculated," Tunheim wrote. "The law often punishes attempted misfeasance the same as completed misfeasance. A failed bid to use the plan as a bargaining chip would still violate the duty of loyalty."
Tunheim found United's board of directors should not be a defendant in the case. The judge also ruled that the company did not breach any enforceable provision of its investment policy statement.


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