• March 26, 2013

Update (March 26, 2013):  BOOM.  This has to have hurt.  A plaintiffs’ ERISA class action goes down hard.  I guess that is what appeals are for but, of course, more often than not, those fail too.

Update (July 24, 2012):  The battle goes on…(This week, the putative plaintiff’s class moved for class certification.)

Original post (March 23, 2011):  There has been an age-old recognition among the religious that the Almighty’s ways are beyond human comprehension.   One’s faith must be steadfast even when it seems unrewarded, even punished.

In the Book of Job, in the Old Testament, Job says,  “Naked came I out of my mother’s womb, and naked shall I return thither: the LORD gave, and the LORD hath taken away; blessed be the name of the LORD.”  Job, 1:21.

The Evangelical Lutheran Church in America (et al.) might not be getting off as easy as Job’s LORD.  A putative class of retired pastors who, they allege, were promised increasing annuity benefits for life, is suing ELCA which, they allege, subsequently tooketh away their promised ever-increasing benefits.The case was originally filed in Minnesota state court but defendants removed it to federal court where it is now before U.S. District Court Chief Judge Michael J. Davis (D. Minn.). This past week, Judge Davis appointed “Interim Class Co-Lead and Liaison Counsel,” Vincent J. Esades of Heins Mills & Olson, P.L.C. and Daniel R. Karon of Goldman Scarlato & Karon, P.C. (from Cleveland, Ohio).

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