Turner v. Pan American Life Insurance, 478 F. App'x 915

Plaintiffs are 401(k) plan participants under Talbert's Progix; Pan American was engaged to receive and invest contributions.
Pan American allegedly froze accounts after Talbert investigation, blocking withdrawals and interfund transfers, causing loss of value.
District court denied class certification and amended-complaint relief; bench trial found no ERISA fiduciary duty and no damages, dismissing with prejudice.
Court held Pan American was not an ERISA fiduciary because it had no discretionary authority and performed only ministerial services.
Court affirmed; merits dismissal mooted class certification and fee issues; attorneys’ fees denied under ERISA §1132(g)(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Pan American an ERISA fiduciary?	Turner argues discretionary control.	Pan American had no discretion per Plan; ministerial role.	No fiduciary status.
Did the freeze cause damages to participants?	Freeze harmed accounts.	No causation or damages shown.	No damages established.
Should class certification be decided given merits?	Certification appropriate regardless.	Merits defeat renders class moot.	Moot; no need to rule on class.
Were attorneys’ fees warranted under ERISA §1132(g)?	Fees should be awarded if party prevails or merits, etc.	No merit or bad faith; discretion denied.	Fees denied.

Reich v. Lancaster, 55 F.3d 1034 (5th Cir. 1995) (fiduciary status requires discretionary authority)
Conditt v. Owens, 457 F. App’x 420 (5th Cir. 2012) (dismissal on merits moots class cert.)
Cesary v. Second Nat’l Bank of N. Miami, 598 F.2d 348 (5th Cir. 1979) (amendments may be futile if merit lacking)
Avatar Exploration, Inc. v. Chevron, U.S.A., Inc., 933 F.2d 314 (5th Cir. 1991) (affirm denials of motions to amend when futile)