United States Eleventh Circuit

In determining whether corporate officers may have imputed fiduciary duties and held personally liable for unpaid contributions when the governing agreement between the corporation and the plan does not clearly state, if the contractual language is facially ambiguous and not anchored by the shared intent of the parties, then fiduciary responsibility under ERISA predicated on such language is improper.

Appellate Information

• Decided 06/19/2003
• Published 06/19/2003

Judges

• BIRCH, Circuit Judge:, Before ANDERSON, BIRCH and BARKETT, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Frank McRight,Taylor Brooks, Lanier, Ford, Shaver & Payne, P.C., Huntsville, AL, for Plaintiff-Appellant.


• For Appellees:
  
• Nancy F. Rigby, Daniel M. Shea, Smith, Currie & Hancock, Atlanta, GA, for Defendants-Appellees.