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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Grindstaff v. Green

Plaintiffs, composed of ESOP participants including Karl Grindstaff, sued North American Corporation (NAC), North American Rayon Corporation (NARC), several executives, and the ESOP Trustee, First American Trust Company, N.A., alleging breaches of fiduciary duties under ERISA. The core of their claims revolved around management's alleged self-entrenchment through the voting of ESOP shares and the rejection of a "pass-through voting" proposal, which they contended led to an economic strike and a decline in ESOP stock value. The District Court found that the act of voting ESOP shares for corporate directors, in itself, did not constitute a plan asset or a breach of fiduciary duty given Congressional authorization for dual roles. Furthermore, the court determined that decisions concerning proposed changes to ESOP plan terms, such as pass-through voting, were business decisions not subject to ERISA's fiduciary standards. Consequently, the court granted all defendants' motions to dismiss and for judgment on the pleadings, effectively dismissing all federal claims. A related state law claim was also dismissed without exercising pendent jurisdiction.

ERISAESOPFiduciary DutyMotion to DismissJudgment on PleadingsCorporate GovernanceEmployee Stock Ownership PlanLabor LawShareholder RightsCorporate Entrenchment
References
29
Case No. MISSING
Regular Panel Decision
Aug 31, 2005

May v. Scott

This case involves a dispute between Plaintiffs Max May and Billy Thompson and Defendant Lawrence Scott concerning Scott's acquisition of Memphis Equipment Company (MEC) and subsequent financial misconduct. Scott, then President of MEC, orchestrated the purchase of MEC stock from its Employee Stock Ownership Plan (MEC ESOP) in 1999 without the knowledge or approval of other board members, leading to allegations of breach of fiduciary duty and ERISA violations. The Court had previously granted partial summary judgment against Scott for breaching fiduciary duties under Tennessee law and for failing to disclose the stock purchase transaction under ERISA. Following a non-jury trial, the Court found Scott liable for wrongful conversion of MEC funds for personal use, awarding $172,203.66 in damages. Additionally, for ERISA violations related to the non-disclosure, Scott was found personally liable to restore $455,720.78 to the MEC ESOP, and his interest in the ESOP was forfeited. The Court also granted injunctive relief against Scott and awarded attorney's fees to the plaintiffs under ERISA.

ERISAFiduciary DutyEmployee Stock Ownership PlanCorporate GovernanceFraudulent ConcealmentConversionShareholder Derivative ActionInjunctive ReliefAttorney's FeesBreach of Fiduciary Duty
References
12
Case No. MISSING
Regular Panel Decision
Feb 23, 2018

Kindle v. Dejana

Plaintiffs, participants in the Atrium Management Services, Inc. Employee Stock Ownership Plan (ESOP), initiated a class action, alleging that defendants breached fiduciary duties and violated ERISA in connection with the valuation and sale of ESOP assets. After extensive litigation, including cross-motions for summary judgment and a bench trial, the parties agreed to a Special Master's neutral valuation, which led to a substantial recovery of over $1.4 million for the class. Subsequently, Plaintiff Michael Brewley moved for attorneys' fees and costs. The court partially granted and partially denied this motion, ultimately awarding over $955,000 in attorneys' fees, nearly $103,000 in costs, and a $10,000 service award to the named plaintiff.

ERISAEmployee Stock Ownership PlanFiduciary DutyClass ActionAttorneys FeesCostsClass Representative AwardLodestar MethodFee Shifting StatuteStipulated Agreement
References
79
Case No. MISSING
Regular Panel Decision

Donovan v. Cunningham

The Secretary of the United States Department of Labor initiated this action against members of the Administrative Committee of the Employee Stock Ownership Plan (ESOP) of Metropolitan Contract Services, Inc. (MCS), alleging violations of ERISA. Specifically, the plaintiff claimed fiduciaries breached their duties by causing the ESOP to purchase MCS stock from Defendant Cunningham for more than adequate consideration and engaging in prohibited transactions. After a bench trial, the court found that the defendants acted in good faith, reasonably relied on an independent appraisal, and that the stock was purchased for no more than adequate consideration. Consequently, all claims brought by the Department of Labor were dismissed with prejudice, and judgment was entered in favor of the defendants. The court also ordered the Department of Labor to pay the defendants' attorney's fees and costs, and awarded fees to Allied Bank of Texas against Defendant Cunningham.

ERISAFiduciary DutyEmployee Stock Ownership PlanStock ValuationProhibited TransactionsAdequate ConsiderationIndemnification AgreementsAttorney's FeesClosely Held CorporationsDepartment of Labor Litigation
References
9
Case No. MISSING
Regular Panel Decision
Sep 30, 2003

In Re Enron Corp. Securities, Derivative & ERISA

This case, referred to as the 'Tittle action,' involves class action claims brought by Enron employees who participated in three pension benefit plans (Savings Plan, ESOP, and Cash Balance Plan). Plaintiffs allege breaches of fiduciary and co-fiduciary duties under ERISA, RICO violations, and Texas common law claims (negligent misrepresentation and civil conspiracy) against Enron, its officers, directors, administrative committees, Arthur Andersen, Vinson & Elkins, and several investment banks. The court grants motions to dismiss for most RICO and common law claims, citing preemption by the Private Securities Litigation Reform Act (PSLRA) and the Securities Litigation Uniform Standards Act (SLUSA), as the underlying conduct is actionable as securities fraud. However, the court largely denies motions to dismiss for the ERISA claims, allowing them to proceed, finding that plaintiffs have adequately stated claims for breach of fiduciary duty related to imprudent investments in Enron stock, plan lockdowns, and failure to diversify plan assets. The decision outlines the various duties and liabilities of fiduciaries, co-fiduciaries, and non-fiduciaries under ERISA.

ERISAFiduciary DutyCo-Fiduciary LiabilityDirected TrusteeSecurities Litigation Reform ActSLUSA PreemptionClass ActionPension PlansESOP401(k) Plan
References
247
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