Legal Opinion

Henry v. CHAMPLAIN ENTERPRISES, INC.

District Court, N.D. New York

Decided January 5, 2007No. 1:01-CV-1681PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. BACKGROUND

Plaintiffs Joseph Henry and Michael Malinky (“plaintiffs”) brought this action alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§ 1104, 1105, 1106; seeking removal of fiduciaries under the equitable relief provision of ERISA, 29 U.S.C. § 1109(a); and state law claims of breach of fiduciary duty, unjust enrichment, and corporate waste and diversion of assets. The state law claims and breach of fiduciary duty claims against certain defendants were dismissed on October 27,…

2Cases cited5 opinions

  1. Linda B. Jones v. Unum Life Insurance Company of AmericaCourt of Appeals for the Second Circuit · 2000
  2. Henry v. Champlain Enterprises, Inc.District Court, N.D. New York · 2004
  3. Henry v. Champlain Enterprises, Inc.District Court, N.D. New York · 2003
  4. Henry v. Champlain Enterprises, Inc.District Court, N.D. New York · 2004
  5. Joseph Henry v. Champlain Enterprises, Inc.Court of Appeals for the Second Circuit · 2006

3Cited by2 opinions

  1. Henry v. US TRUST CO. OF CALIFORNIA, NACourt of Appeals for the Second Circuit · 2009
  2. Henry v. Champlain EnterprisesCourt of Appeals for the Second Circuit · 2009

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