Legal Opinion

The Sommers Drug Stores Company Employee Profit Sharing Trust, Cross-Appellee v. Walter N. Corrigan and Corrigan Enterprises, Inc., Cross-Appellants

Court of Appeals for the Fifth Circuit

Decided August 31, 1989No. 88-1494PublishedCited by 89 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

A class of participants and beneficiaries of Sommers Drug Stores Company Employee Profit Sharing Trust sued Walter N. Corrigan and Corrigan Enterprises, Inc., for breach of their fiduciary duty under ERISA and under state common law. The trial court dismissed the state law claim on grounds that it was preempted by ERISA, and the case proceeded to trial on the ERISA claims. The court entered judgment for the class following a jury verdict in its favor.

In Sommers Drug Stores v. Corrigan Enterprises, 793 F.2d 1456 (5th Cir.1986), cert. denied, 479 U.S.…

2Cases cited26 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  4. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  5. The Sommers Drug Stores Co. Employee Profit Sharing Trust, Cross-Appellant v. Corrigan Enterprises, Inc. And Walter N. Corrigan, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986

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

3Cited by89 opinions

  1. Citizens Insurance Co. of America v. DaccachTexas Supreme Court · 2007
  2. Equal Employment Opportunity Commission v. Service Temps Inc.Court of Appeals for the Fifth Circuit · 2012
  3. Graden v. Conexant Systems Inc.Court of Appeals for the Third Circuit · 2007
  4. In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
  5. Erica Harzewski, on Their Own Behalf and on Behalf of All Other Persons Similarly Situated v. Guidant CorporationCourt of Appeals for the Seventh Circuit · 2007

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

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