Legal Opinion

In Re Boston Scientific Corp. ERISA Litigation

District Court, D. Massachusetts

Decided August 27, 2007No. Civil Action 06-10105-JLTPublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

TAURO, District Judge.

Plaintiffs bring this consolidated putative class action against Boston Scientific and alleged fiduciaries of Boston Scientific Corporation’s 401 (K) Retirement Savings Plan (the “Plan”). Plaintiffs assert that Defendants breached their fiduciary duty to the Plan and to participants of the Plan, in violation of ERISA, by imprudently selecting company stock as an investment, despite knowledge that the stock price was artificially inflated. Presently at issue is Defendants’ Motion to Dismiss.

A. Standing of Former Plan Participants

The first issue before this court…

2Cases cited14 opinions

  1. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  2. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  3. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  4. Graden v. Conexant Systems Inc.Court of Appeals for the Third Circuit · 2007
  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

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

3Cited by3 opinions

  1. Hochstadt v. Boston Scientific Corp.District Court, D. Massachusetts · 2010
  2. In re Boston Scientific Corp. Erisa LitigationDistrict Court, D. Massachusetts · 2008
  3. FICI v. Lucent Technologies Inc.District Court, D. Massachusetts · 2008

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