United States Eighth Circuit

Claims that defendants breached their ERISA fiduciary duties, by using their positions to overcompensate themselves and by failing to ensure that annual appraisals were properly conducted, were not actionable as plaintiffs failed produce credible and admissible expert evidence to support their allegations. A state law double derivative action was preempted by ERISA.

Appellate Information

• Decided 12/31/2002
• Published 12/31/2002

Judges

• MURPHY, Circuit Judge., Before BOWMAN, LAY, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Anne Marie LaBue, argued, Columbus, OH (Gary D. Greenwald, S. Sheldon Weinhaus, on the brief), for appellant.


• For Appellees:
  
• Robert J. Tomaso, argued, St. Louis, MO (Richard H. Kuhlman, on the brief), for appellee.