Legal Opinion

Donovan v. Cunningham

Court of Appeals for the Fifth Circuit

Decided October 17, 1983No. 82-2296PublishedCited by 260 opinions

1Opinion of the Court

GEE, Circuit Judge:

The Secretary of Labor brought this lawsuit against various fiduciaries of a certain employee stock ownership plan (“ESOP”) established under the Employee Retirement Income Security Act of 1974 (“ERISA”).1 The Secretary’s principal claim is that these defendants breached their duties as fiduciaries under ERISA by purchasing certain stock on behalf of the ESOP for more than adequate consideration. The suit was tried without a jury and the district court entered judgment for the defendants. The Secretary has appealed.

An ESOP is a form of employee benefit plan designed to…

2Cases cited34 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1979
  2. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  3. United States v. Concentrated Phosphate Export Assn., Inc.Supreme Court of the United States · 1968
  4. Allee v. MedranoSupreme Court of the United States · 1974
  5. National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981

29 more not listed; retrieve them via the Exa API.

3Cited by260 opinions

  1. Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. Smith v. Van GorkomSupreme Court of Delaware · 1985
  3. Chao v. Hall Holding Company, Inc.Court of Appeals for the Sixth Circuit · 2002
  4. Katsaros v. CodyCourt of Appeals for the Second Circuit · 1984
  5. Moench v. RobertsonCourt of Appeals for the Third Circuit · 1995

255 more not listed; retrieve them via the Exa API.

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