Legal Opinion

Brundle ex rel. Constellis Employee Stock Ownership Plan v. Wilmington Trust N.A.

District Court, E.D. Virginia

Decided March 13, 2017No. 1:15-cv-1494(LMB/IDD)PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

Leonie M. Brinkema, United States District Judge

Plaintiff Tim P. Brundle (“plaintiff’ or “Brundle”) is a former employee of Con-stellis Group, Inc. (“Constellis”), and a former participant in an Employee Stock Ownership Plan (“ESOP”) sponsored by Constellis. Defendant Wilmington Trust N.A. (“Wilmington”) was the trustee for the ESOP in connection with Constellis’ creation of the ESOP. Creating the ESOP involved purchasing 100% of Constellis’ voting stock in December 2013 (the “2013 Purchase”). Less than a year after the ESOP was created, all its stock was sold (the “2014…

2Cases cited18 opinions

  1. Chao v. Hall Holding Company, Inc.Court of Appeals for the Sixth Circuit · 2002
  2. Donovan v. CunninghamCourt of Appeals for the Fifth Circuit · 1983
  3. United States v. Carluin SanchezCourt of Appeals for the Second Circuit · 1992
  4. Gentile v. RossetteSupreme Court of Delaware · 2006
  5. Elmore v. Cone Mills Corp.Court of Appeals for the Fourth Circuit · 1994

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3Cited by7 opinions

  1. Tim Brundle v. Wilmington Trust, N.A.Court of Appeals for the Fourth Circuit · 2019
  2. Acosta v. VinoskeyDistrict Court, W.D. Virginia · 2018
  3. Question Submitted by: Ashley Plyushko, Executive Director, Oklahoma Accountancy Board, Oklahoma Attorney General Reports2025
  4. Rita Bowers, et al. v. John H. Russell, et al.District Court, D. Massachusetts · 2026
  5. Stout Risius Ross, LLC v. Aspen Specialty Insurance CompanyDistrict Court, S.D. New York · 2022

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