United States Sixth Circuit

Because an employer, on its own initiative, provided employees with materially misleading or inaccurate information 1) about future benefits of an ERISA plan, and 2) in response to direct questions about benefits changing, a breach of fiduciary duty was established.

Appellate Information

• Decided 09/17/2002
• Published 09/17/2002

Judges

• Before BATCHELDER and CLAY, Circuit Judges;  ALDRICH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Hugh C. Howser, Jr. (argued and briefed), Kara E. Shea (briefed), Miller & Martin, LLP, Nashville, TN, for Appellants.


• For Appellees:
  
• Richard L. Colbert (argued and briefed), Colbert & Winstead, Nashville, TN, for Appellee.