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Demings v. Nationwide Life Ins. Co., No. 08-4476

In plaintiff's class-action lawsuit, individually and in his official capacity as a sheriff, on behalf of all public employers who sponsor deferred compensation plans, claiming breach of fiduciary duty and unjust enrichment by defendant-insurance company, district court's dismissal of the action is affirmed as the proposed class action does not fit within the narrow state-actions exception to the Securities Litigation Uniform Standards Act of 1998 because it is not brought on behalf of named plaintiffs who have authorized participation in the action. 

Read Demings v. Nationwide Life Ins. Co., No. 08-4476

Appellate Information

Argued: October 13, 2009

Decided and Filed: February 3, 2010


Opinion by Associate Judge (Retired), O'Connor


For Appellant:  Roger L. Mandel, Beckham & Mandel

For Appellee:   Charles C. Platt, Wilmer Hale