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SMITH v. BOARD OF DIRECTORS OF TRIAD MANUFACTURING

No. 20-2708.

13 F.4th 613 (2021)

James SMITH, on behalf of himself and all others similarly situated, and on behalf of the Triad Manufacturing, Inc., Employee Stock Ownership Plan, Plaintiff-Appellee, v. BOARD OF DIRECTORS OF TRIAD MANUFACTURING, INC., et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 2021.

Attorney(s) appearing for the Case

Douglas D. Geyser, Esq. , Rachana Pathak , John Stokes , Peter K. Stris , Attorneys, Stris & Maher LLP, Los Angeles, CA, Daniel Sutter , Michelle C. Yau , Jamie L. Bowers , Karen L. Handorf , Attorneys, Cohen Milstein Sellers & Toll PLLC, Washington, DC, for Plaintiff-Appellee.

Benjamin P. Fryer , Attorney, FordHarrison LLP, Charlotte, NC, Matthew D. Grabell , Attorney, FordHarrison, LLP, Atlanta, GA, John C. O'Connor , Attorney, FordHarrison LLP, Chicago, IL, for Defendants-Appellants, Lars Golumbic, Sarah Adams, William J. Delany, Elizabeth L. Woods, Attorneys, Groom Law Group, Washington, DC, for Amicus Curiae American Benefits Council.

Laurie A. McCann , Attorney, AARP Foundation Litigation, Washington, DC, for Amici Curiae AARP Foundation and American Association of Retired Persons.

Gregory Y. Porter , Attorney, Bailey & Glasser LLP, Washington, DC, Dan Feinberg , Feinberg, Jackson, Worthman & Wasow LLP, Berkeley, CA, Leah M. Nichols , Public Justice, P.C., for Amicus Curiae Public Justice.

Before Kanne, Brennan, and Scudder, Circuit Judges.

In this complex ERISA case, James Smith sued fiduciaries of the retirement plan offered by his former employer, Triad Manufacturing, Inc., for alleged financial misconduct. Add in a class action, an arbitration provision, and issues of notice and consent to plan amendments, and this lawsuit gets even more complicated.

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