United States Ninth Circuit

Defendant's statements to employees, regarding the likelihood of Special Involuntary Termination Enhancement benefits, breached the fiduciary duties imposed by ERISA; as it did not actively misinform plaintiffs prior to April 22, it should have won summary judgment as to all plaintiffs who based their retirement decisions on statements made prior to that date.

Appellate Information

• Argued 08/14/2003
• Decided 03/26/2004
• Published 03/26/2004

Judges

• WALLACE, Senior Circuit Judge., Before:  WALLACE, O'SCANNLAIN, Circuit Judges, and BEISTLINE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael P. Doyle, Gary K. Stearman, Department of Labor, Washington, DC;  Mary Ellen Signorille, AARP Foundation, Washington, DC, for the amicus curiae.


• For Appellees:
  
• Howard Shapriro,Shook, Hardy & Bacon, New Orleans, LA, for the defendant-appellant/appellee., Thomas G. Moukawsher, Moukawsher & Walsh, Groton, CT, for the plaintiffs-appellees/appellant.