1. Home
  2. Browse Decisions
  3. F.3d
  4. 420 F.3d
  5. 420 F.3d 231 (2005)
 

IN RE SCHERING-PLOUGH CORP. ERISA LITIGATION

No. 04-3073.

420 F.3d 231 (2005)

In re: SCHERING-PLOUGH CORPORATION ERISA LITIGATION, Jingdong Zhu, on behalf of himself and all other similarly situated; Adrian Fields, on behalf of himself/herself and all others similarly situated, Appellants.

United States Court of Appeals, Third Circuit.

August 19, 2005.

As Amended on Rehearing September 15, 2005.

Attorney(s) appearing for the Case

Richard S. Schiffrin, Joseph H. Meltzer, Schiffrin & Barroway LLP, Radnor, PA, Joseph DePalma, Lite DePalma Greenberg & Rivas, LLC, Newark, NJ, Peter H. LeVan, Jr. (Argued), Hangley, Aronchick, Segal & Pudlin, Philadelphia, PA, for Appellants.

Douglas S. Eakeley, Gavin J. Rooney, Lowenstein Sandler, PC, Roseland, N.J. Ethan M. Posner, (Argued), Peter J. Nickles, Amy N. Moore, Caroline M. Brown, Frederick G. Sandstrom, Covington & Burling, Washington, D.C., Jonathan A. Wasserman, Schering-Plough Corporation, Kenilworth, N.J., for Appellees.

Howard M. Radzely, Timothy D. Hauser, Elizabeth Hopkins, Theresa S. Gee, (Argued), United States Department of Labor, Plan Benefits Security Division, Washington, D.C., for Amicus Curiae U.S. Department of Labor.

Mary Ellen Signorille, Melvin Radowitz, Washington, D.C., for Amicus Curiae AARP.

Kent A. Mason, Jason K. Bortz, Davis & Harman, LLP, Washington, D.C., Robert G. Chambers, Jack W. Campbell IV, Helms, Mulliss & Wicker, Charlotte, N.C., for Amicus Curiae American Benefits Council.

Before AMBRO, STAPLETON, and ALARCÓN, Circuit Judges.

OPINION OF THE COURT

ALARCÓN, Circuit Judge.

We must decide in this matter whether, under the Employee Retirement Income Security Act of 1974 ("ERISA"), the District Court erred in ruling that former employees, who were participants in a defined contribution plan, may not prosecute a derivative action on behalf of an employees' savings plan to recover losses sustained by the savings plan because of alleged breaches of fiduciary duty. We conclude that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases