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McLEMORE v. REGIONS BANK

Nos. 10-5480, 10-5491.

682 F.3d 414 (2012)

John C. McLEMORE, Trustee, Plaintiff-Appellant EFS, Inc., et al., Plaintiffs-Appellants v. REGIONS BANK, as Successor in Interest by Merger to AmSouth Bank, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 8, 2012.

Attorney(s) appearing for the Case

ARGUED: Robert M. Garfinkle , Garfinkle, McLemore & Young, PLLC, Nashville, Tennessee, H. Naill Falls, Jr. , Falls & Veach, Nashville, Tennessee, for Appellants. John R. Wingo , Frost Brown Todd LLC, Nashville, Tennessee, for Appellee. Leonard H. Gerson , United States Department of Labor, Washington, D.C., for Amicus Curiae. ON BRIEF: Robert M. Garfinkle , Phillip G. Young, Jr. , Garfinkle, McLemore & Young, PLLC, Nashville, Tennessee, H. Naill Falls Jr. , Falls & Veach, Nashville, Tennessee, for Appellants. John R. Wingo , Frost Brown Todd LLC, Nashville, Tennessee, Matthew C. Blickensderfer , Frost Brown Todd LLC, Cincinnati, Ohio, for Appellee. Leonard H. Gerson , United States Department of Labor, Washington, D.C., for Amicus Curiae.

COOK, J., delivered the opinion of the court, in which COX, D.J., joined. MERRITT, J. (pp. 427-29), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

These consolidated appeals stem from the misconduct of Barry Stokes, an investment advisor who purloined millions of dollars from the employee-benefits plans that he managed. Stokes and his company, 1Point Solutions, LLC ("1Point"), held the fiduciary accounts of the defrauded plans — along with Stokes's personal accounts — with Defendant-Appellant Regions Bank ("Regions"). Plaintiffs-Appellants John McLemore, Stokes...

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