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MILOFSKY v. AMERICAN AIRLINES, INC.

No. 03-11087.

404 F.3d 338 (2005)

Michael MILOFSKY, On Behalf of Themselves and on Behalf of All Others Similarly Situated, and on Behalf of the Super Saver-A 401(k) Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries; Robert Walsh, on Behalf of Themselves and on Behalf of All Others Similarly Situated, and on Behalf of the Super Saver-A 401(k) Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries, Plaintiffs-Appellants, v. AMERICAN AIRLINES, INC.; John Does 1-10, as Members of the Pension Asset Administration Committee of the Super Saver-A 401(k) Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries; John Does, 11-20, as Members of the Pension Benefits Administration Committee of the Super Saver-A 401(k) Capital Accumulation Plan for Employees of Participating AMR Corporation Subsidiaries; Towers Perrin, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 16, 2005.

Attorney(s) appearing for the Case

Jani K. Rachelson, Bruce S. Levine (argued), Elizabeth O'Leary, Cohen, Weiss & Simon, New York City, Hal K. Gillespie, Gillespie, Rozen, Watsky, Motley & Jones, Dallas, TX, for Plaintiffs-Appellants.

Edward Patterson Perrin, Jr., Jennifer Ruth Poe (argued), Hallett & Perrin, Dallas, TX, for American Airlines, Inc.

Robert Elwood Sheeder (argued), Jason Edward Winford, T. David Cowart, Jenkens & Gilchrist, Dallas, TX, for Towers, Perrin.

Karen L. Handorf (argued), U.S. Dept. of Labor, Washington, DC, for U.S. Dept. of Labor, Amicus Curiae.

Before KING, Chief Judge, and SMITH and GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Michael Milofsky and Robert Walsh brought a class action under the Employee Retirement Income Security Act of 1974 ("ERISA") against American Airlines, Inc. ("American Airlines") and Towers Perrin, alleging breach of fiduciary duty with regard to a transfer of their pension plans from their former employer when it was acquired by the parent company of American Airlines. The district court dismissed the action. Finding no error, we affirm...

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