Legal Opinion

Alexander Usenko v. MEMC LLC

Court of Appeals for the Eighth Circuit

Decided June 4, 2019No. 18-1626PublishedCited by 63 opinions

1Opinion of the Court

KELLY, Circuit Judge.

Alexander Usenko is a former employee of SunEdison Semiconductor, LLC (Semi). Semi was once a wholly owned subsidiary of SunEdison, Inc. Semi made a defined-contribution retirement savings plan available to its employees, including Usenko, that offered SunEdison stock as a retirement investment option. On April 21, 2016, SunEdison filed for bankruptcy. In August 2017, Usenko brought suit derivatively on behalf of the plan and, in the alternative, as a putative class action on behalf of plan participants. Usenko claims that Semi, the investment committee of Semi's…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Braden v. Wal-Mart Stores, Inc.Court of Appeals for the Eighth Circuit · 2009
  4. Pension Benefit Guaranty Corp. Ex Rel. Saint Vincent Catholic Medical Centers Retirement Plan v. Morgan Stanley Investment Management Inc.Court of Appeals for the Second Circuit · 2013
  5. Tibble v. Edison Int'lSupreme Court of the United States · 2015

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3Cited by63 opinions

  1. Ann Dormani v. Target CorporationCourt of Appeals for the Eighth Circuit · 2020
  2. Francesca Allen v. Wells Fargo & CompanyCourt of Appeals for the Eighth Circuit · 2020
  3. Deborah Vigeant v. Michael MeekCourt of Appeals for the Eighth Circuit · 2020
  4. Kristina Powell v. Minnesota Life Insurance Co.Court of Appeals for the Eighth Circuit · 2023
  5. Arteaga Photos, Ltd. v. Robert Honz, et al.District Court, E.D. Missouri · 2025

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

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