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Exam Number : NS0-505
Exam Name : NetApp Certified Implementation Engineer - SAN, E-Series
Vendor Name : NetworkAppliance
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Ex-CEO can sue NetApp over ERISA plan summaries – 9th Circuit | NS0-505 test Questions and Cheatsheet

  • No facts of intent to deceive required, panel holds
  • The enterprise and legislations enterprise names proven above are generated instantly based on the text of the article. we're improving this feature as they proceed to verify and increase in beta. They welcome comments, which that you could provide the usage of the remarks tab on the right of the web page.

    (Reuters) - A former CEO can sue NetApp Inc and its govt scientific Retirement Plan over PowerPoint plan summaries that allegedly promised him a lifetime of free scientific advantages, a federal appeals court held Monday.

    The 9th U.S. Circuit court of Appeals revived part of the lawsuit that Daniel Warmenhoven, who retired in 2015, filed in federal court in San Jose towards Silicon Valley-based mostly NetApp after it canceled the retiree fitness plan in 2017.

    The panel expressed no opinion “on the highest quality question of no matter if Warmenhoven will succeed” on his claim for equitable aid for breach of fiduciary duties beneath ERISA, however it agreed along with his legal professionals at Kastner Kim that the reduce courtroom had omitted or misinterpret controlling precedent in tossing that portion of his lawsuit.

    “In sum, that NetApp lacked an intent to deceive and that Warmenhoven may have reviewed the certificates of insurance do not always defeat his (equitable) claim in accordance with NetApp’s misrepresentations within the PowerPoints,” the ninth Circuit held in an opinion written by way of U.S. District choose Gary Feinerman of Chicago, sitting by means of designation.

    NetApp and its attorneys at Greines Martin Stein & Richland and Trucker Huss did not instantly respond to requests for comment.

    J. Philip Martin of Kastner Kim, who argued the appeal for Warmenhoven, stated they are reviewing the opinion and on account that their subsequent steps.

    in response to the ninth Circuit, Warmenhoven turned into NetApp’s CEO from 1994 to 2009 and govt chairman of its board of administrators until 2014. NetApp adopted the ERISA plan in 2005 to aid maintain senior executives.

    The 2005 and 2014 PowerPoint summaries indicated the plan would deliver medical advantages “for the retiree’s lifetime,” Warmenhoven noted; although, the ERISA-required certificates of coverage expressly preserved NetApp’s authority “to terminate merits beneath the plan at any time.”

    Warmenhoven and several different enrollees filed swimsuit after the enterprise terminated the plan. Six enrollees appealed U.S. District judge Beth Labson Freeman’s 2019 judgment for NetApp, however the different five resolved their disputes by way of mediation.

    The 9th Circuit affirmed Freeman’s ruling that Warmenhoven had no direct claim for benefits, given that the PowerPoint summaries didn't create a brand new lifetime-benefit plan under ERISA.

    The panel vacated Freeman’s ruling against Warmenhoven’s equitable claim for breach of fiduciary duty. Freeman had “relied heavily” on a seventh Circuit decision from 1998 that required evidence of an intent to deceive, however “(o)ur circuit’s legislations holds otherwise,” Feinerman wrote, quoting situations from 2004 to 2017. He turned into joined through Circuit Judges Morgan Christen and Bridget Bade.

    in the alternative, Freeman had ruled that Warmenhoven’s access to the legitimate plan documents foreclosed his capacity to sue for misrepresentation. That element of her maintaining relied on a ninth Circuit case from 1996, decoding a unique ERISA part. Monday’s opinion discovered it inapplicable to Warmenhoven’s equitable claim.

    as a substitute, his equitable claim should still have survived abstract judgment as a result of there became a real dispute of cloth reality as as to if NetApp “incorrectly” represented the plan’s terms, the 9th Circuit held.

    “an inexpensive factfinder with ease may read the PowerPoints to carry a promise of lifetime benefits,” Feinerman wrote. “Yet NetApp had no longer memorialized that promise in any plan document, and definitely the certificates of coverage pointed out the contrary.”

    The case is Daniel Warmenhoven v. NetApp Inc et al, ninth U.S. Circuit courtroom of Appeals, No. 19-16960.

    For Warmenhoven: J. Philip Martin and Eric Kastner of Kastner Kim; Robert Rusky

    For NetApp: Laurie Hepler of Greines Martin Stein & Richland; Clarissa Kang and Angel Garrett of Trucker Huss




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