AG's office: Ninth Circuit remand leaves damages calculation in Fowler; Dolan pending possible oral argument

Jesse from the Attorney General's office updated the committee on two ongoing cases the office is monitoring: Fowler and Dolan.

On Fowler, Jesse said the core dispute concerns "the calculation of interest due to plan members who opted into transfer to plan 3 from plan 2 prior to 2002," a class action pending since 2005. The case has proceeded on parallel tracks in federal and state court. In November the Ninth Circuit ruled that the plaintiffs' claims were not barred, and remanded the matter to the district court to determine how to calculate damages. Jesse said the district court has requested additional briefing and expert reports to assist in resolving the interest calculation, calling it "essentially a battle of the experts."

In the state‑court track, Superior Court had dismissed the claim for lack of jurisdiction and remanded the APA claim to the department; the Court of Appeals disagreed with the Superior Court and remanded for further proceedings consistent with its opinion. Jesse described the state‑court future as "unclear" and said he would bring further updates as they become available.

Dolan, by contrast, has been quieter: briefing concluded at the Court of Appeals in May, and if the court accepts oral argument the matter could be heard by the end of this year or early next year.

Committee members asked whether a significant award could follow from the Fowler decision. Jesse said the Ninth Circuit resolved liability questions; determining the award is the remaining issue and "could be significant," but he did not predict a specific dollar amount at this time.