Legal Opinion

Kindle v. Dejana

District Court, E.D. New York

Decided April 25, 2016No. 14-CV-6784 (SJF)(ARL)PublishedCited by 4 opinions

1Opinion of the Court

ORDER

FEUERSTEIN, United States District Judge

Plaintiff Michael Brewley (“plaintiff”) was formerly employed by a participating em*10ployer in the Atrium Management Services, Inc. Employee Stock Ownership Plan (the “ESOP”). According to plaintiff1 the participating employers are all owned and/or controlled by defendant Peter Dejana (“Dejana”) and his family. Second Amended Complaint (“SAC”), ¶ 1, DE [72]. Plaintiff alleges that the ESOP’s primary asset was its 100% ownership of the stock of defendant Atrium Management Services, Inc. (“Atrium”). He claims that defendants, who were fiduciaries,…

2Cases cited17 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
  5. Denney v. Deutsche Bank AGCourt of Appeals for the Second Circuit · 2006

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3Cited by4 opinions

  1. Bacon v. Bd. of Pensions of the Evangelical Lutheran Church in Am.Court of Appeals of Minnesota · 2019
  2. Daniel Draney v. Westco Chemicals, Inc.District Court, C.D. California · 2021
  3. Kohari v. MetLife Group, Inc.District Court, S.D. New York · 2025
  4. The Medical Society of the State of New York v. UnitedHealth Group Inc.District Court, S.D. New York · 2019

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