Legal Opinion
Vern Steinman, Floyd Sinclair, and Ron Eickelschulte, on Behalf of Themselves and Those Similarly Situated v. Teresa Hicks
Court of Appeals for the Seventh Circuit
Decided December 12, 2003No. 03-2147PublishedCited by 45 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Participants in the MMC Employees Profit Sharing Plan brought this suit under section 502(a)(2) of ERISA, 29 U.S.C. § 1132(a)(2), against the plan’s trustees, charging a breach of fiduciary obligation— specifically, an imprudent failure to diversify the plan’s assets. The district judge granted summary judgment for the defendants. 252 F.Supp.2d 746 (C.D.Ill.2003). There was some confusion in the district court over whether the suit was under section 502(a)(3) or 502(a)(2), but it is clearly the latter, because the plaintiffs are asking that the trustees be ordered to…
2Cases cited19 opinions
- Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
- Moench v. RobertsonCourt of Appeals for the Third Circuit · 1995
- Eaves v. PennCourt of Appeals for the Tenth Circuit · 1978
- Kuper v. IovenkoCourt of Appeals for the Sixth Circuit · 1995
- Ronald Fink v. National Savings and Trust CompanyCourt of Appeals for the D.C. Circuit · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Kenseth v. DEAN HEALTH PLAN, INC.Court of Appeals for the Seventh Circuit · 2010
- James Hess & John Hess v. Reg-Ellen MacHine Tool Corp. And Reg Ellen MacHine Tool Corp. Employee Stock Ownership PlanCourt of Appeals for the Seventh Circuit · 2005
- Howell v. Motorola, Inc.Court of Appeals for the Seventh Circuit · 2011
- In Re Citigroup ERISA LitigationCourt of Appeals for the Second Circuit · 2011
- Edgar v. Avaya, Inc.Court of Appeals for the Third Circuit · 2007
40 more not listed; retrieve them via the Exa API.