United States Eighth Circuit

In an ERISA action alleging that defendants breached several fiduciary duties and violated the terms of two ERISA plans, summary judgment and dismissal rulings in favor of defendants are affirmed where: 1) employer's promises to fund the plans if the company became stable were not misrepresentations as they were too vague to qualify as "unequivocal promise[s];" 2) business decision concerning a merger did not trigger ERISA's fiduciary provisions for purposes of an ERISA fiduciary claim; and 3) unpaid contributions did not qualify as plan assets under applicable regulations, and consequently a claim that defendants breached their duty to properly manage plan assets failed.

Appellate Information

• Decided 03/29/2007
• Published 03/29/2007

Judges

• BOWMAN, Circuit Judge., Before SMITH, BOWMAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• N. Dean Nasser, argued, Sioux Falls, SD (Gregory A. Eiesland, on the brief), for appellant.


• For Appellees:
  
• Roberto A. Lange, argued, Davenport & Evans, Sioux Falls, SD, for appellees.