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SWAIN v. WILMINGTON TRUST, N.A.

Civ. No. 17-71-RGA-MPT.

SCOTT J. SWAIN and KENNY L. FIORITO, on behalf of the ISCO Industries Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated, Plaintiffs, v. WILMINGTON TRUST, N.A., as successor to Wilmington Trust Retirement and Institutional Services Company, Defendant.

United States District Court, D. Delaware.

February 16, 2018.

Editors Note
Applicable Law: 29 U.S.C. § 1109
Cause: 29 U.S.C. § 1109 Breach of Fiduciary Duties
Nature of Suit: 791 Labor: E.R.I.S.A.
Source: PACER

Attorney(s) appearing for the Case

Scott J. Swain, on behalf of the ISCO Industries Inc., Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated, Plaintiff, represented by David A. Felice , Bailey & Glasser LLP, Gregory Y. Porter , Bailey & Glasser LLP pro hac vice, Patrick Muench , Bailey & Glasser LLP pro hac vice & Ryan T. Jenny , Bailey & Glasser LLP pro hac vice.

Kenny L. Fiorito, on behalf of the ISCO Industries Inc. Employee Stock Ownership Plan, and on behalf of a class of all other persons similarly situated, Plaintiff, represented by David A. Felice , Bailey & Glasser LLP, Gregory Y. Porter , Bailey & Glasser LLP, pro hac vice, Patrick Muench , Bailey & Glasser LLP, pro hac vice & Ryan T. Jenny , Bailey & Glasser LLP, pro hac vice.

Wilmington Trust, N.A., as successor to Wilmington Trust Retirement and Institutioanl Services Company, Defendant, represented by Albert H. Manwaring, IV , Morris James LLP, Andrew Salek-Raham , Groom Law Group, pro hac vice, Lars C. Golumbic , Groom Law Group, pro hac vice, Michael J. Prame , Groom Law Group, pro hac vice & Natasha S. Fedder , Groom Law Group, pro hac vice.

MEMORANDUM OPINION

Plaintiffs Scott J. Swain and Kenny L. Fiorito (collectively, "Plaintiffs") are participants in the ISCO Industries Inc. Employee Stock Ownership Plan (the "ESOP"), and assert claims on behalf of themselves and a class of similarly situated persons against defendant Wilmington Trust...

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