· 2/10/2010
Gearren v. McGraw-Hill Companies, Inc.
Citations
- 690 F. Supp. 2d 254
- 48 Employee Benefits Cas. (BNA) 2057
- 2010 U.S. Dist. LEXIS 12041
- 2010 WL 532315
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that defendants prepared SEC filings in a corporate, not fiduciary, capacity where those filings were incorporated by reference in the summary plan document.
- noting that similarly situated defendants are liable under the securities laws, but not ERISA
- “Defendants have no affirmative duty under ERISA to disclose information about the company’s financial condition to plan participants.”
- “Defendants who incorporated the SEC documents by reference into the Summary Plan Descriptions did not intentionally connect the content of those SEC filings to statements about plan benefits.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Richard J. Sullivan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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