Legal Opinion

Rankin v. Rots

District Court, E.D. Michigan

Decided August 20, 2003No. 02-CV-71045PublishedCited by 34 opinions

1Opinion of the Court

MEMORANDUM AND ORDER DENYING DEFENDANTS’S MOTION TO DISMISS

COHN, District Judge.

Based upon each and all of the disclosures, releases and market events ... as well as other information available both publicly and privately to all or certain fiduciaries regarding Kmart and information which was known additionally to various individual defendants, a loyal and prudent fiduciary would have begun an evaluation and an independent investigation of whether Kmart stock remained a prudent investment alternative for the Plans and concluded that either elimination of Kmart stock as an investment…

2Cases cited31 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  3. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  4. Varity Corp. v. HoweSupreme Court of the United States · 1996
  5. Howard Wool v. Tandem Computers Incorporated, Robert C. Marshall, Henry v. Morgan, and James G. TreybigCourt of Appeals for the Ninth Circuit · 1987

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3Cited by34 opinions

  1. Wright v. Oregon Metallurgical Corp.Court of Appeals for the Ninth Circuit · 2004
  2. Edgar v. Avaya, Inc.Court of Appeals for the Third Circuit · 2007
  3. In Re Polaroid ERISA LitigationDistrict Court, S.D. New York · 2005
  4. Raymond Pfeil v. State Street Bank and Trust CoCourt of Appeals for the Sixth Circuit · 2012
  5. In Re AEP Erisa LitigationDistrict Court, S.D. Ohio · 2004

29 more not listed; retrieve them via the Exa API.

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