Legal Opinion
DiFelice v. US Airways, Inc.
District Court, E.D. Virginia
Decided September 27, 2005No. 1:04CV889PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
At issue at the threshold dismissal stage in this breach-of-fiduciary-duty action brought pursuant to § 502(a)(2) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(2), is the nature of a directed trustee’s duties to the participants in a 401(k) retirement plan. More specifically, the question pre sented is whether a directed trustee under ERISA § 403(a) has a duty to challenge the continued inclusion of company stock as one of several investment choices in the company’s 401(k) plan where, as here, publicly available…
2Cases cited30 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
25 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- DiFelice v. US Airways, Inc.District Court, E.D. Virginia · 2006
- In Re Cardinal Health, Inc. ERISA LitigationDistrict Court, S.D. Ohio · 2006
- Gedek v. PerezDistrict Court, W.D. New York · 2014
- Stanford v. Foamex L.P.District Court, E.D. Pennsylvania · 2009
- DiFelice v. US Airways, Inc.District Court, E.D. Virginia · 2005
5 more not listed; retrieve them via the Exa API.