United States Second Circuit
Coulter v. Morgan Stanley & Co. Inc., 13-2504
Dismissals of related cases alleging various violations of the Employee Retirement Income Security Act of 1974 (ERISA), including defendant's decisions to make its employer contributions to its 401k and Employee Stock Ownership Plans in the form of defendant's stock instead of cash, are affirmed, where the challenged conduct, even if it negatively impacted the Plans, did not occur in the performance of a fiduciary function and therefore cannot trigger fiduciary liability under ERISA.
Appellate Information
- Decided 05/29/2014
- Published 05/29/2014
Judges
- PER CURIAM
Court
- United States Second Circuit