United States Fourth Circuit

Summary judgment for defendant on plaintiff's claim for breach of fiduciary duty under section 502(a)(2) of ERISA and state law claims is affirmed as to plaintiffs' state law claims, however, it is reversed on the ERISA claim where the individual plaintiff has standing to sue under ERISA even though the Plan is now terminated and the PBGC has been appointed trustee over the Plan.

Appellate Information

• Decided 08/03/2007
• Published 08/03/2007

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David Calep Wright, III, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellants.  Eric D. Welsh, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina, for Appellee.   ON BRIEF:  B. Chad Ewing, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellants.  Stacy K. Wood, Kristin R. Poolos, Parker, Poe, Adams & Bernstein, L.L.P., Charlotte, North Carolina, for Appellee.