United States Seventh Circuit

In an action involving employee benefit plans, plaintiff's motion to dismiss defendant's appeal is granted where: 1) defendant breached his fiduciary duty by failing to communicate material facts affecting the interests of beneficiaries; 2) district court correctly ordered that defendant make restorative payments to the employee benefit fund that he withdrew from for purposes prohibited by ERISA; 3) court did not abuse its discretion in imposing a constructive trust on disputed property and in the interest rate imposed on the restorative payments.

Appellate Information

• Argued 12/01/2008
• Decided 03/05/2009
• Published 03/05/2009

Judges

• EVANS, Circuit Judge., Before BAUER, ROVNER, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Stephen Silverman (argued), Department of Labor Office of the Solicitor, Washington, DC, for Plaintiff-Appellee., Joseph P. Berglund (argued), Kenneth M. Mastny, Jr. (argued), Berglund & Mastny, P.C., Oak Brook, IL, for Defendants-Appellants., Arthur M. Holtzman (argued), Pedersen & Houpt, Chicago, IL, for Appellee.