Legal Opinion

Brown v. Owens Corning Investment Review Committee

Court of Appeals for the Sixth Circuit

Decided September 27, 2010No. 09-3692PublishedCited by 44 opinions

1Opinion of the CourtGilman, J., joined by Cole, J.,

WHITE, J. (pp. 576-79), delivered a separate opinion concurring in all sections except for Section II.C. and in the result of the majority opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

A number of former Owens Corning (OC) employees (the Plaintiffs) brought a class-action lawsuit against the fiduciaries of their retirement plans pursuant to the Employee Retirement Income Security Act (ERISA), alleging that the fiduciaries failed to protect plan participants by not divesting the plans of OC stock before the shares became virtually worthless when the company filed for bankruptcy. The…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  4. Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
  5. Allen W. Rose v. Hartford Underwriters Insurance CompanyCourt of Appeals for the Sixth Circuit · 2000

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3Cited by44 opinions

  1. Cataldo v. United States Steel Corp.Court of Appeals for the Sixth Circuit · 2012
  2. Intel Corp. Investment Policy Comm. v. SulymaSupreme Court of the United States · 2020
  3. Bonnie Fish v. Greatbanc Trust CompanyCourt of Appeals for the Seventh Circuit · 2014
  4. Brown v. Cassens Transport Co.Court of Appeals for the Sixth Circuit · 2012
  5. Demopoulos v. Anchor Tank Lines, LLCDistrict Court, S.D. New York · 2015

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