Attorney(s) appearing for the Case
Eric C. Bosset, Esq., [Argued], Covington & Burling, Washington, DC, Douglas S. Eakeley, Esq., Lowenstein Sandler, Roseland, NJ, for Appellant Schering Plough Defendants.
Kent A. Mason, Esq., Davis & Harman, Washington, DC, for Amicus-Appellant American Benefits Council.
Katherine B. Bernstein, Esq., Edward W. Ciolko, Esq., Peter H. LeVan, Jr., Esq., [Argued], Joseph H. Meltzer, Esq., Barroway, Topaz, Kessler, Meltzer & Check, Radnor, PA, Joseph J. DePalma, Esq., Jennifer Sarnelli, Esq., Lite, DePalma, Greenberg & Rivas, Newark, NJ, Susan D. Pontoriero, Esq., Sea Girt, NJ, for Appellees Michele Wendel, Adrian Fields, Jingdong Zhu, on behalf of himself and All others similarly situated.
Elizabeth Hopkins, Esq., [Argued], U.S. Department of Labor, Washington, DC, for Amicus Appellee Secretary of Labor.
Jay E. Sushelsky, Esq., American Association of Retired Persons, Washington, DC, for Amicus Appellee American Association of Retired Persons.
Agnieszka Fryszman, Esq., Cohen Milstein, Sellers & Toll, Washington, DC, for Amicus Appellee Pension Rights Center.
Before: RENDELL and AMBRO, Circuit Judges, and McVERRY, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
RENDELL, Circuit Judge.
Michele Wendel is a former employee of Schering-Plough who participated in the Schering-Plough Corporation Employees' Savings Plan, a defined contribution savings plan sponsored by Schering-Plough. Wendel and two other former Schering-Plough employees brought a class action against Schering-Plough and certain of its officers and directors under ERISA § 502(a)(2)...
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