PEABODY v. DAVIS

Nos. 09-3428, 09-3452, 09-3497, 10-1851, 10-2079, 10-2091.

636 F.3d 368 (2011)

Jonathan F. PEABODY, Plaintiff-Appellee, Cross-Appellant, v. Andrew A. DAVIS, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 12, 2011.


Attorney(s) appearing for the Case

Lee T. Polk , Barnes & Thornburg, Chicago, IL, for Plaintiff-Appellee, Cross-Appellant.

George N. Vurdelja, Jr. , Harrison & Held, LLP, Chicago, IL, for Defendants-Appellants, Cross-Appellees.

Before CUDAHY, FLAUM, and KANNE, Circuit Judges.


CUDAHY, Circuit Judge.

In this case, the Rock Island Corporation, its subsidiary, its Employee Retirement Income Security Act (ERISA) plan and the plan's trustees, Andrew Davis and Robyn Kole, all defendants, appeal from the district court's judgment that they breached their fiduciary duty in managing the Plan. Plaintiff John F. Peabody cross-appeals from the finding that he lacked standing to recover from the Plan's insurers. For the reasons that follow, we affirm...

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