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· 8/17/2005

Debra K. Keach and Patricia A. Sage v. U.S. Trust Company, Formerly Known as U.S. Trust Company of California N.A.

Citations

  • 419 F.3d 626
  • 35 Employee Benefits Cas. (BNA) 1818
  • 2005 U.S. App. LEXIS 17355
  • 2005 WL 1962749

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that the defendants were de facto fiduciaries whose ERISA fiduciary liability extended to ordinary obligations of fiduciaries
  • finding that negotiating a 20% reduction in price was evidence that a fiduciary had fulfilled its ERISA obligations
  • finding ESOP trustee met fiduciary duty when it “analyzed exhaustively [the company’s] financials, had conducted independent valuation analyses and had challenged the financial forecasts made by [the company’s] management as too optimistic”
  • “A fiduciary must investigate the expert’s qualifications, provide the expert with complete and accurate information, and make certain that reliance on the expert’s advice is reasonably justified under the circumstances.”
  • analyzing process-based claim when determining whether \adequate consideration\ existed

Source: CourtListener parenthetical corpus (CC0).

Judges: Manion, Ripple, Wood

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.