SEARCH

Wong v. I.A.T.S.E.

Cognizable ERISA Claim Not Stated by Fiancee Challenging Plan Beneficiary Status

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER In July 2022, plaintiff Ka-Lai Wong’s fiance, Sean McClintock, unexpectedly passed away at age 54. A renowned audio engineer, McClintock was a member of the International Alliance of Theatrical Stage Employees (“IATSE”) and a participant in its employee benefit plan (the “Plan”). Before his death, McClintock had signed — but had not submitted — a form designating Wong as his sole beneficiary under the Plan. Because the Plan’s rules only recognize beneficiary forms received before a participant’s death, defendant IATSE Annuity Fund (the “Fund”) informed Wong that McClintock’s benefits would go to his next of kin — his parents — and not to her. Wong here sues the Fund under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§1001 et seq., alleging that it breached its fiduciary duties in administering the Plan. Dkt. 24 (“Second Amended Complaint” or “SAC”)

42-49. Pending now is the Fund’s motion to dismiss Wong’s SAC for failure to state a claim, under Federal Rule of Civil Procedure 12(b)(6). Although Wong is blameless and her circumstances are undeniably sympathetic, she has failed to plead a cognizable ERISA claim. The Court thus must grant the motion to dismiss the SAC. I. Background A. Factual Background¹ 1. The Parties Wong resides in Bay Ridge, Brooklyn. SAC 2. IATSE Annuity Fund operates IATSE’s employee benefit plan, established under various collective bargaining agreements. Id.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Legalweek New York 2025

March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.

Learn More

Matrtimonial Associate Attorney

Winkler Kurtz, LLP, a Port Jefferson Station law firm, seeks a Matrimonial Associate Attorney to provide assistance and be involved in all a...

Apply Now ›

EXPERIENCED ASSOCIATE

NORTHERN NEW JERSEY LAW FIRM WITH PRACTICE LIMITED TO REPRESENTATION OF ACCIDENT VICTIMS AND INJURED WORKERS SEEKS A WORKERS COMPENSATION A...

Apply Now ›

School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...

Apply Now ›