Waller v. Blue Cross of California

NORRIS, Circuit Judge: Plaintiffs-appellants brought this action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et. seq. (""ERISA""), alleging that defendants-appellees breached their fiduciary duty to the plan by imprudently choosing annuity providers to cover plan liabilities as part of terminating plaintiffs' plan. Without opinion, the district court granted defendants' motion to dismiss the Second Amended Complaint for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part and reverse in part.