Legal Opinion

BRENDA J. JOHNSON PATRICIA K. ORMSTON, PLAINTIFFS—APPELLANTS v. U.S. BANCORP, DEFENDANTS—APPELLEES

Court of Appeals for the Eighth Circuit

Decided November 2, 2004No. 03-2712PublishedCited by 9 opinions

1Opinion of the Court

LOKEN, Chief Judge.

As mortgage loan officers at U.S. Ban-corp in Minneapolis, Brenda J. Johnson and Patricia K. Ormston were paid a guaranteed base salary plus commissions based on closed loans. They were also eligible for benefits under the U.S. Bancorp Broad-Based Change in Control Severance Pay Program (the CIC Program), including severance benefits if they resigned for “Good Reason.” The written CIC Program defined Good Reason to include “the occurrence ... within 24 months following a Partial Change in Control [of] a reduction by the Employer, by more than 10%, of the Covered Employee’s…

2Cases cited6 opinions

  1. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  2. Charles E. Emmenegger Robert F. Ritzie James E. Riley v. Bull Moose Tube Company Caparo, Inc. Bull Moose Tube, Ltd. Swraj PaulCourt of Appeals for the Eighth Circuit · 1999
  3. Holman v. CPT CORP.Court of Appeals of Minnesota · 1990
  4. Sarah Fink v. Dakotacare Dakotacare Administrative Services, Inc. Platte Community Memorial Hospital, Inc.Court of Appeals for the Eighth Circuit · 2003
  5. Reliable Metal, Inc. v. Shakopee Valley Printing, Inc.Court of Appeals of Minnesota · 1987

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3Cited by9 opinions

  1. Michelle Antolik, Plaintiffs-Appellees/cross-Appellants v. Saks, Incorporated, Doing Business as Younkers, Inc., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2006
  2. Dakota, Minnesota & Eastern Railroad v. SchiefferCourt of Appeals for the Eighth Circuit · 2011
  3. Dakota, Minnesota & Eastern Railroad v. SchiefferCourt of Appeals for the Eighth Circuit · 2013
  4. Dakota, Minnesota & Eastern Railroad v. SchiefferDistrict Court, D. South Dakota · 2012
  5. Bey v. Board of Trustees of the Carpenters and Joiners Defined Contribution PlanDistrict Court, D. Minnesota · 2023

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

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