Legal Opinion

Smith v. Sydnor

Court of Appeals for the Fourth Circuit

Decided July 9, 1999No. 98-2235PublishedCited by 89 opinions

1Opinion of the Court

Reversed and remanded by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge TRAXLER joined.

OPINION

WILLIAMS, Circuit Judge:

N. Glenn Smith appeals the district court’s Rule 12(b)(6) dismissal without prejudice of his derivative action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§ 1001-1461 (West 1999). The district court concluded that although Smith’s amended complaint alleged that The McGraw Group, Inc. (McGraw),1 and its President, Chief Operating Officer, and majority stockholder, George W. Sydnor, Jr., breached their…

2Cases cited23 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  3. Alan Weiner, D.P.M. v. Klais and Company, Inc.Court of Appeals for the Sixth Circuit · 1997
  4. Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
  5. Arthur Fallick v. Nationwide Mutual Insurance Company Nationwide Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1998

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

3Cited by89 opinions

  1. Bosiger v. US Airways, Inc.Court of Appeals for the Fourth Circuit · 2007
  2. Helton v. AT & T Inc.Court of Appeals for the Fourth Circuit · 2013
  3. Nechis v. Oxford Health Plans, Inc.Court of Appeals for the Second Circuit · 2005
  4. Nick J. D'Amico Cliff Hollihan Joseph G. Muto Kevin Beam v. CBS Corporation, F/k/a Westinghouse, Inc the Westinghouse Electric Company Pension PlanCourt of Appeals for the Third Circuit · 2002
  5. Harrow v. Prudential Insurance Company Of AmericaCourt of Appeals for the Third Circuit · 2002

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

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