· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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