United States DC Circuit

Summary judgment for plaintiff, Secretary of Labor, in an action under ERISA alleging that defendant, president of an insurer, violated his fiduciary responsibilities through an illegal scheme to misappropriate insurance assets is affirmed over defendant's claim that he was not a "fiduciary" for purposes of liability under ERISA.

Appellate Information

• Argued 12/12/2005
• Decided 01/24/2006
• Published 01/24/2006

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John W. Karr argued the cause for appellants.   With him on the brief was Theodore S. Allison.


• For Appellees:
  
• Glenn M. Loos, Senior Trial Attorney, U.S. Department of Labor, argued the cause for appellee.   With him on the brief was Elizabeth Hopkins, Attorney.  Ellen L. Beard, Attorney, entered an appearance.