Legal Opinion
Herman v. Nationsbank Trust Company
Court of Appeals for the Eleventh Circuit
Decided November 5, 1997No. 95-8934PublishedCited by 1 opinion
1Opinion of the Court
CARNES, Circuit Judge:
NationsBank of Georgia, N.A. (“Nations-Bank”) is the trustee of an employee stock ownership plan (“ESOP”) governed by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1000-1461 (“ERISA” or “the Act”). 1 The Secretary of the Department of Labor brought this lawsuit against NationsBank, claiming it had violated ERISA by failing to exercise independent judgment in responding to competing tender offers for the ESOP’s shares. After the district court denied both parties’ motions for summary judgment, Nations-Bank brought this interlocutory appeal…
2Cases cited19 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc.Supreme Court of the United States · 1985
- Grayson v. K Mart Corp.Court of Appeals for the Eleventh Circuit · 1996
- Martin v. FeilenCourt of Appeals for the Eighth Circuit · 1992
- Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
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3Cited by1 opinion
- 21 Employee Benefits Cas. 2061, Pens. Plan Guide (Cch) P 23938u, 11 Fla. L. Weekly Fed. C 695 Alexis M. Herman, Secretary of the United States Department of Labor v. Nationsbank Trust Company (Georgia), National Association, a National Banking Association, Sovran Capital Management Corporation, a Virginia Corporation Nationsbank of Georgia, N.A.Court of Appeals for the Eleventh Circuit · 1997