ALLEN v. WELLS FARGO & CO.

No. 18-2781.

967 F.3d 767 (2020)

Francesca ALLEN, individually and on behalf of all others similarly situated and on behalf of the Wells Fargo & Company 401(k) Plan; John Sterling Ross, and all other individuals similarly situated; Mary Lou Shank Plaintiffs-Appellants v. WELLS FARGO & COMPANY; Wells Fargo Bank NA; Wells Fargo Director of Human Resources; Wells Fargo Director of Compensation and Benefits; Wells Fargo Employee Benefits Review Committee; Lloyd H. Dean; Susan E. Engel; Donald M. James; Stephen W. Sanger; John Does, 1-30; John G. Stumpf; Hope A. Hardison; Justin C. Thornton; Greatbane Trust Company; John Does; Richard Roes; Hope Hardison; Timothy J. Sloan; David A. Hoyt; Michael J. Heid; Frank Codel; Justin C. Thornton; John Shrewsberry; Kevin Oden; Patricia Callahan; Stanhope Kelly; Dawn Martin Harp; Suzanne Ramos; James Steiner; George Wick; Martin Davis; Thomas Wolfe Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 27, 2020.


Attorney(s) appearing for the Case

Counsel who represented the appellant were Adam J. Levitt and Daniel R. Ferri of Chicago, IL; Robert K. Shelquist , of Minneapolis, MN, Wilson Daniel Miles, III , of Montgomery, AL, Leslie Pescia , of Montgomery, AL, Rebecca A. Peterson , of Minneapolis, MN, Samuel E. Bonderoff of New York, NY.

Counsel who represented the appellee were Howard Shapiro and Lindsey H. Chopin of New Orleans, LA, Stephen P. Lucke and Kristen Schubert , of Minneapolis, MN, Russell Laurence Hirschhorn , of New York, NY, and John E. Roberts of Boston, MA.

Before SHEPHERD, GRASZ, and KOBES, Circuit Judges.


Appellants Francesca Allen, John Sterling Ross, and Mary Lou Shank appeal the district court1 order dismissing their second amended complaint brought pursuant to sections 409 and 502 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1109 and 1132, against Appellees...

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