Legal Opinion
Lowen v. Tower Asset Management, Inc.
District Court, S.D. New York
Decided February 25, 1987No. 85 Civ. 9545 (VLB)PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM
VINCENT L. BRODERICK, District Judge.
I
The plaintiffs, trustees of two pension plans, moved for partial summary judgment on counts two and three of their second amended complaint, which allege violations of the prohibited transaction provisions of the Employee Retirement Income Security Act (“ERISA”), § 406(b)(1) and (3), 29 U.S.C. § 1106(b)(1) and (3). They seek entry of judgment pursuant to Fed.R.Civ.P. 54(b) against defendants for restitution of all profits and other forms of consideration (i.e., $1,087,787 in fees as well as equity interests) received in violation of ERISA § 406.…
2Cases cited19 opinions
- Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
- Freund v. Marshall & Ilsley BankDistrict Court, W.D. Wisconsin · 1979
- Ronald Alman, Etc. v. Jerome DaninCourt of Appeals for the First Circuit · 1986
- Cutaiar v. MarshallCourt of Appeals for the Third Circuit · 1979
- Brink v. DaLesioCourt of Appeals for the Fourth Circuit · 1981
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lowen v. Tower Asset Management, Inc.Court of Appeals for the Second Circuit · 1987
- Beck v. LeveringCourt of Appeals for the Second Circuit · 1991
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- Greenblatt v. Prescription Plan Services Corp.District Court, S.D. New York · 1992
- Lowen v. Tower Asset Management, Inc.Court of Appeals for the Second Circuit · 1987
14 more not listed; retrieve them via the Exa API.