Legal Opinion
DiFelice v. US Airways, Inc.
District Court, E.D. Virginia
Decided June 26, 2006No. 1:04 CV 889PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
This breach of fiduciary duty action brought against U.S. Airways, Inc. (“US Airways” or “the Company”) pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., concerns the standard a prudent fiduciary must meet when considering whether to retain as an investment option in a defined contribution 401(k) 1 retirement plan an investment consisting primarily of company stock when the company is in financial distress.
This action was originally filed by Vincent D. DiFelice, a plan participant, on behalf of a class…
2Cases cited22 opinions
- Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
- Moench v. RobertsonCourt of Appeals for the Third Circuit · 1995
- Donovan v. BierwirthCourt of Appeals for the Second Circuit · 1982
- Kuper v. IovenkoCourt of Appeals for the Sixth Circuit · 1995
- Joanne W. Coleman v. Nationwide Life Insurance Company, & Third-Party v. Roofing Concepts, Incorporated, Third-Party Joanne W. Coleman v. Nationwide Life Insurance Company v. Roofing Concepts, Incorporated, Third-PartyCourt of Appeals for the Third Circuit · 1992
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3Cited by3 opinions
- DiFelice v. U.S. Airways, Inc.Court of Appeals for the Fourth Circuit · 2007
- In Re Ford Motor Co. ERISA LitigationDistrict Court, E.D. Michigan · 2008
- In re Harley-Davidson, Inc., Securities LitigationDistrict Court, E.D. Wisconsin · 2009