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TOUSSAINT v. JJ WEISER, INC.

Docket No. 09-3797-cv.

648 F.3d 108 (2011)

Roger TOUSSAINT, as President of Transport Workers Union, Local 100, Ed Watt, as Secretary Treasurer of Transport Workers Union, Local 100, Plaintiffs-Appellees, James Mahoney, as the Director of the Transport Workers Union, Plaintiff-Counter-Defendant-Appellee, Joseph Allman, Bernard Beaver, Frank Ingram, Laverne Stuckey, Maurice Schierman, Matthew Tarnowski, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. JJ WEISER, INC., Stanford J. Cohen, Harvey T. Gluck, Defendants, Interboro Mutual Insurance Co., Defendant-Cross-Defendant, Michael J. Fitzpatrick, John Meehan, Defendants-Counter-Claimants-Third-Party Plaintiffs-Appellants, Local 100, Transport Workers Union, Transport Workers Union Retirees Association, Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 6, 2011.

Attorney(s) appearing for the Case

Nicholas Hanlon , Cary Kane LLP, for Plaintiffs-Appellees.

Suszanne Tongring ( Terrence Buehler , Touhy Touhy Buehler & Williams, LLP, on the brief), for Defendants-Counter-Claimants-Third-Party-Plaintiffs-Appellants.

Before: JOHN M. WALKER, JR., CALABRESI, and WESLEY, Circuit Judges.

PER CURIAM:

John Meehan and Michael Fitzpatrick ("Defendants") are former directors of a retirees association of former unionized transportation workers. In an underlying ERISA action, the retirees association and six of its members alleged, among other things, that Defendants breached their fiduciary duty to the retirees association and its members by buying and maintaining a health insurance policy with premiums that far outstripped the benefits received by members...

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