United States Ninth Circuit

In an ERISA action for breach of fiduciary duty through the diversion of corporate assets, a preliminary injunction in favor of plaintiffs is affirmed where the district court did not abuse its discretion when it enjoined advancement of defense costs and froze defendant's assets; but the matter is remanded to allow the district court to set the terms and conditions of a surety bond sufficient to secure defendants against any harm that might wrongfully befall them as a result of the issuance of the injunction.

Appellate Information

• Argued 05/07/2009
• Decided 07/27/2009
• Published 07/27/2009

Judges

• TALLMAN, Circuit Judge:, Before: PROCTER HUG, JR., HAWKINS, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Theodore M. Becker (argued), Thomas M. Peterson, Joseph E. Floren, and Elizabeth A. Frohlich, Morgan, Lewis & Bockius LLP, for appellant Clair R. Couturier, Jr., Christopher J. Rillo, Lars C. Golumbic, and Dipal A. Shah, Groom Law Group Chartered, for appellant David R. Johanson.


• For Appellees:
  
• Gary D. Greenwald (argued), Ron Kilgard, and Gary A. Gotto, Keller Rohrback, PLC, and Terence J. Devine, Devine, Markovits & Snyder, LLP, for the appellees., Carol A. De Deo, Deputy Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, Plan Benefits Security Division, Elizabeth Hopkins (argued), Counsel for Appellate and Special Litigation, and Robyn M. Swanson, Trial Attorney, U.S. Department of Labor, for the Secretary of Labor as amicus curiae supporting appellees.