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BUNCH v. W.R. GRACE & CO.

No. 08-1406.

555 F.3d 1 (2009)

Lawrence BUNCH, individually and on behalf of all others similarly situated and on behalf of the W.R. Grace & Co. Savings and Investment Plan; Jerry L. Howard, Sr., individually and on behalf of all others similarly situated and on behalf of the W.R. Grace & Co. Savings and Investment Plan; David Mueller, individually and on behalf of all others similarly situated and on behalf of the W.R. Grace & Co. Savings and Investment Plan, Plaintiffs, Appellants, Keri Evans, on behalf of herself and a class of all others similarly situated, Plaintiff, v. W.R. GRACE & CO.; W.R. Grace Investment And Benefits Committee; Robert M. Tarola; Fred E. Festa; State Street Bank and Trust Company; John F. Akers; Ronald C. Cambre; Marye Anne Fox; Officer John J. Murphy; Paul J. Norris; Thomas A. Vanderslice; H. Furlong Baldwin, Defendants, Appellees, Brenda Gottlieb; W. Brian McGowan; Michael Piergrossi; Unknown Fiduciary Defendants 1-100; Martin Hunter; Ren Lapadario; David Nakashige; Elyse Napoli; Eileen Walsh; Fidelity Management Trust Company; State Street Global Advisors; Investments and Benefits Committee; Administrative Committee, Defendants.

United States Court of Appeals, First Circuit.

Decided January 29, 2009.

Attorney(s) appearing for the Case

Paul M. DeMarco, with whom James R. Cummins, Terrence L. Goodman, Jane H. Walker, and Waite, Schneider, Bayless & Chesley Co., L.P.A., were on brief for plaintiffs-appellants.

Scott M. Flicker, with whom Thomas A. Rust, Paul, Hastings, Janofsky & Walker LLP, Sean T. Carnathan, and O'Connor, Carnathan, Mack LLC, were on brief for defendant-appellee State Street Bank and Trust Company.

Nancy S. Heermans, with whom Carol Connor Cohen, Caroline Turner English, Valerie N. Webb, and Arent Fox LLP, were on brief for defendants-appellees.

Before TORRUELLA, STAHL, Circuit Judges, and GARCÍA-GREGORY, District Judge.

TORRUELLA, Circuit Judge.

This appeal is from a summary judgment granted by the district court dismissing consolidated suits1 filed by various participants in the W.R. Grace Retirement and Savings Plan ("Plan").2 These actions allege breach of the fiduciary duty owed appellants pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"). 29 U.S.C. §...

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