Roganti v. Metropolitan Life Insurance

786 F.3d 201, 59 Employee Benefits Cas. (BNA) 2529, 2015 U.S. App. LEXIS 7933
CourtCourt of Appeals for the Second Circuit
DecidedMay 14, 2015
DocketNos. 13-4532-cv (L), 13-4684-cv (XAP)
StatusPublished
Cited by52 cases

This text of 786 F.3d 201 (Roganti v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roganti v. Metropolitan Life Insurance, 786 F.3d 201, 59 Employee Benefits Cas. (BNA) 2529, 2015 U.S. App. LEXIS 7933 (2d Cir. 2015).

Opinion

DEBRA ANN LIVINGSTON, Circuit Judge:

Plaintiff-appellee-cross-appellant Ronald Roganti (“Roganti”) was a successful executive with defendant-appellant-cross-appellee Metropolitan Life Insurance Company (“MetLife”1) until 2005, when he resigned in the face of pay reductions that he claims were levied in retaliation for his opposition to unethical business practices. Roganti [204]*204brought arbitration proceedings against MetLife before the Financial Industry Regulatory Authority (“FINRA”), seeking, among other things, wages that he would have been paid but for the retaliatory pay reductions, as well as compensation for the decreased value of his pension, which was tied to his wages. The FINRA panel awarded Roganti approximately $2.49 million in “compensatory damages,” but its award did not clarify what that sum was compensation for. Roganti then filed a benefits claim with MetLife, arguing that the award represented back pay and that his pension benefits should be adjusted upward as if he had earned the money while he was still employed. MetLife denied the claim because the FINRA award did not say that it was, in fact, back pay. Roganti brought this lawsuit.

The Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., creates a private right of action to enforce the terms of a benefit plan. 29 U.S.C. § 1132(a)(1)(B). Roganti’s pension plans vest interpretive discretion in the plan administrator, which means that the plan administrator’s benefits decision is conclusive unless it is “arbitrary and capricious.” Pagan v. NYNEX Pension Plan, 52 F.3d 438, 441 (2d Cir.1995). After a summary bench trial on stipulated facts, the district court (Engelmayer, J.) determined that MetLife’s denial of Roganti’s claim was arbitrary and capricious because it was clear from the arbitral record that the award did represent back pay. We reverse. For the reasons stated below, we conclude that Met-Life’s denial of Roganti’s claim was not arbitrary and capricious, and that MetLife is therefore entitled to judgment in its favor as to Roganti’s benefits claim. In light of this decision, we affirm the district court’s denial of Roganti’s request for attorney’s fees, from which Roganti has cross-appealed.

BACKGROUND

According to his complaint in this action, Roganti began working for MetLife as an account representative in 1971. Over the course of the next three decades, he was promoted multiple times, becoming a Vice President and the Managing Director of a New York business unit called R. Roganti & Associates, as well as the Executive Director of Agencies at another MetLife business unit known as the Tower Agency Group. Roganti’s compensation rose significantly over the course of his career, and particularly between 1994, when he earned $351,000, and 2001, when he earned a high of $2,007 million.

Roganti alleges that beginning in 1999 and continuing until his retirement in 2005, his relationship with MetLife deteriorated as a result of his objections regarding unlawful, inappropriate, and unethical conduct at the company. Among various allegations, Roganti claims that a subordinate of his, Dorian Hansen, came under fire in 1999 for opposing fraudulent business practices employed by some MetLife insurance salespeople. As part of a campaign against Hansen’s efforts to end these practices, Roganti was allegedly told to fire her; when he refused, the Tower Agency Group was dissolved, affecting Ro-ganti’s compensation. Roganti alleges that he thereafter continued to oppose illegal and unethical conduct, and that Met-Life further reduced his compensation in retaliation. As a result, Roganti filed a retaliation complaint with the Occupational Safety and Health Administration (“OSHA”) in 2003, under the Sarbanes-Oxley Act of 2002 (“SOX”), Pub.L. No. 107-204, 116 Stat. 745 (codified in relevant part at 18 U.S.C. § 1514A). The complaint was dismissed, however, when OSHA’s preliminary investigation did not [205]*205validate Roganti’s claims. A second complaint, filed in January 2004 and alleging further acts of retaliation, was dismissed in November of that year.

In July 2004, while the second OSHA complaint was still pending (and some eight months before he retired), Roganti commenced FINRA arbitration proceedings against MetLife. In the arbitration, Roganti advanced three theories of recovery in addition to his claim that MetLife had violated SOX by retaliating against him for opposing its business practices and for filing a SOX complaint: (1) breach of contract, for the alleged breach of Met-Life’s commitment to make certain payments to him for overseeing the Tower Agency Group; (2) quantum meruit, to recover the reasonable value of services Roganti had provided, but for which he had been underpaid; and (3) ERISA violations, on the theory that MetLife had violated the statute by reducing Roganti’s compensation for the purpose of diminishing his pension benefits. Roganti’s statement of claim contained two separate paragraphs describing his request for relief. The first requested “back pay, liquidated damages, compensatory and punitive damages, attorneys fees and an accounting.” J.A. 45. The second — in the statement of claim’s “Wherefore” clause — sought an accounting of R. Roganti & Associates’ revenues and expenses; “appropriate back pay, front pay and reimbursement for lost benefits”; liquidated damages; punitive damages; and attorney’s fees and costs. J.A. 60-61.

The arbitration did not conclude until 2010, after a seventeen-day hearing. Ro-ganti’s counsel made clear throughout the proceedings that Roganti was focused on recovering two categories of damages: damages for “lost comp[ensation]” and “damages for the collateral effect [on] his pension benefits which are directly tied to his comp[ensation].” J.A. 2881; see also, e.g., J.A. 2891 (stating that Roganti “seeks nothing more than the compensation and pension benefits that he worked for and earned” (emphasis added)). Roganti is entitled to pension benefits by virtue of his participation in four MetLife retirement plans (the “Plans”) and, as previously noted, he claimed before the arbitral panel that MetLife had reduced his compensation for the specific purpose of limiting the growth of his sizable pension.2 In his summation to the FINRA panel, Roganti’s counsel explained how these two damages components should be calculated based on the evidence presented during the arbitral hearing.

As to the first component of damages— i.e., for lost compensation (or what Rogan-ti’s attorney referred to as “back pay”)— Roganti retired in 2005, when he was 55 years and six months old, but he testified that he would have continued working at MetLife until age 62 had his compensation not been reduced. Roganti’s counsel therefore argued that the panel should determine what Roganti would have earned not only in the years 2003 to 2005 had the company not reduced his compen[206]*206sation, but also (because he would not have retired) what he would have earned through September 2010.3

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Bluebook (online)
786 F.3d 201, 59 Employee Benefits Cas. (BNA) 2529, 2015 U.S. App. LEXIS 7933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roganti-v-metropolitan-life-insurance-ca2-2015.