· 4/12/2011
Peabody v. Davis
Citations
- 636 F.3d 368
- 51 Employee Benefits Cas. (BNA) 1462
- 2011 U.S. App. LEXIS 7449
- 2011 WL 1364427
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- clarifying in an ERISA case that “[t]he method of calculating damages is reviewed de novo; the calculations pursuant to the method are reviewed for clear error”
- discussing judicial efforts to “reconcile[]” the two duties when prudence applies but diversification, by statute, does not
- upholding district court’s finding “that a prudent investor would not have remained so heavily invested in [the company]^ stock as the company’s fortunes declined precipitously over a five-year period for reasons that foretold further and continuing declines”
- “The remedy in an action for breach of fiduciary duty [under § 502(a)(2)] is for the fiduciary to ‘make good’ the loss to the plan.”
- relief under § 502(a)(3) was available “only to the extent that such relief is not available” under §§ 502(a)(1)(B) or (a)(2)
- “The method of calculating damages is reviewed de novo; the calculations pursuant to the method are reviewed for clear error.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Flaum, Kanne
Read full opinion on CourtListenerSourced 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.