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The Sheriff of Orange County, Florida, Jerry L. Demings, filed a Complaint seeking a class action in the U.S. District Court for the Southern District of Ohio. The Sheriff sued Nationwide Life Insurance, Nationwide Retirement Solutions, and Nationwide Financial Services. His Complaint contained alleged Claims for alleged breach of Fiduciary Duty and Unjust Enrichment. Sheriff Demings alleged and requested class action certification "on behalf of all public employers" who sponsor "deferred compensation plans" for employees, which are Plans permitted under Federal Law. The Federal Trial Judge refused to certify a class and dismissed the Sheriff's Complaint.
On appeal, the Sixth Circuit Court of Appeals affirmed this decision. The opinion of the Sixth Circuit was written by retired-Justice Sandra Day O'Connor: Download Demings v. Nationwide Life Insurance Co. (6th Cir. Opinion Filed February 3, 2010), also published as Demings v. Nationwide Life Insurance Co., 593 F.3d 486 (6th Cir. February 3, 2010). The District Court held that the Orange County Sheriff's lawsuit could not proceed as a class action because "it was precluded" under the Federal Securities Litigation Uniform Standards Act or "SLUSA". The Sixth Circuit panel agreed, and the Trial Court's Order dismissing the Sheriff's Complaint was therefore affirmed. Demings v. Nationwide Life Insurance Co., 593 F.3d 486, 488 (6th Cir. February 3, 2010).
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