Judy Hunter v. Berkshire Hathaway, Inc., et

EDITH BROWN CLEMENT, Circuit Judge:

In this ERISA action, Plaintiffs-Appellants Judy Hunter, Anita Gray, and Bobby Lynn Allen appeal the district court’s dismissal of their claims against Berkshire Hathaway, Inc. (“Berkshire”) and Acme Building Brands, Inc. (“Acme”). For the following reasons, we AFFIRM the district court’s dismissal of the claims against Acme, AFFIRM the district court’s dismissal of the derivative breach of fiduciary duties claim against Berkshire, and REVERSE the district court’s dismissal of all other claims against Berkshire.

I

In 2000, Berkshire bought Justin Industries,…