Plasterer's Local Union No. 96 v. Pepper
| Docket Number | 10-1364 |
| Decision Date | 01 December 2011 |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
34 cases
-
Ramos v. Banner Health
...Employee Stock Ownership Plan & Tr. v. Alerus Fin., N.A. , 858 F.3d 1324, 1337 (10th Cir. 2017) ; Plasterers’ Local Union No. 96 Pension Plan v. Pepper , 663 F.3d 210, 218 (4th Cir. 2011) ("causation of loss is not an axiomatic conclusion that flows from a breach of that duty"); Brotherston......
-
Raleigh Wake Citizens Ass'n v. Wake Cnty. Bd. of Elections
...de novo.’ ” Nat'l Fed'n of the Blind v. Lamone , 813 F.3d 494, 502 (4th Cir. 2016) (quoting Plasterers' Local Union No. 96 Pension Plan v. Pepper , 663 F.3d 210, 215 (4th Cir. 2011) ). Findings will be deemed clearly erroneous if, for example, “even though there is some evidence to support ......
-
Tatum v. RJR Pension Inv. Comm.
...from liability ... if a hypothetical prudent fiduciary would have made the same decision anyway.” Plasterers' Local Union No. 96 Pension Plan v. Pepper, 663 F.3d 210, 218 (4th Cir.2011) (quoting Roth v. Sawyer–Cleator Lumber Co., 16 F.3d 915, 919 (8th Cir.1994)). ERISA's fiduciary duties “d......
-
Pioneer Centres Holding Co. Emp. Stock Ownership Plan & Trust v. Alerus Fin., N.A.
...One-Denver , 289 F.3d 1223, 1239 (10th Cir. 2002) (internal quotation marks omitted); see also Plasterers' Local Union No. 96 Pension Plan v. Pepper , 663 F.3d 210, 217 (4th Cir. 2011) (holding a breach of fiduciary duty "does not automatically equate to causation of loss and therefore liab......
Get Started for Free
5 firm's commentaries
-
The ERISA Litigation Newsletter -- February 2012
...2011 BL 236795. [7] 2011 BL 269707. [8] 2011 BL 327630. [9] 2011 BL 196971, at *7. [10] 2011 BL 58180. Plasterers' Local Union No. 96 Pension Plan v. Pepper, 663 F.3d 210 (4th Cir. 2011), wherein the court held that ERISA's duties of prudence and diversification require more than a showing ......
-
The ERISA Litigation Newsletter - September 2014
...investment decision was "objectively prudent." Relying on its earlier decision in Plasterers' Local Union No. 96 Pension Plan v. Pepper, 663 F.3d 210 (4th Cir. 2011), the majority explained that a decision is objectively prudent if "a hypothetical prudent fiduciary would have made the same ......
-
Divided Fourth Circuit Panel Rules On Burden Of Proving Loss Causation In ERISA Fiduciary Breach Case
...investment decision was "objectively prudent." Relying on its earlier decision in Plasterers' Local Union No. 96 Pension Plan v. Pepper, 663 F.3d 210 (4th Cir. 2011), the majority explained that a decision is objectively prudent if "a hypothetical prudent fiduciary would have made the same ......
-
The ERISA Litigation Newsletter
...its ultimate investment decision was "objectively prudent." Relying on its earlier decision in Plasterers' Local Union No. 96 Pension Plan v. Pepper, 663 F.3d 210 (4th Cir. 2011), the majority explained that a decision is objectively prudent if "a hypothetical prudent fiduciary would have m......
Get Started for Free
2 books & journal articles
-
19.2 Rights, Responsibilities, and Principal Defenses
...184 F.3d 356 (4th Cir. 1999), cert. denied, 528 U.S. 1116 (2000).[234] Plasterers' Local Union No. 96 Pension Plan v. Pepper, 663 F.3d 210 (4th Cir. 2011).[235] Curtiss-Wright Corp. v. Schoonejongen, 514 U.S. 73 (1995).[236] Id. at 78; Lockheed Corp. v. Spink, 517 U.S. 882 (1996).[237] Hugh......
-
How to litigate an Erisa disability claim
...Litigation 10-176 Sec. Sys., Inc. v. Iola , 700 F.3d 65, 103-04 (3d Cir. 2012); Plasterers’ Local Union No. 96 Pension Plan v. Pepper , 663 F.3d 210, 223 (4th Cir. 2011); O’Callaghan v. SPX Corp. , 442 F. App’x 180, 186 (6th Cir. 2011); Herrman v. Lifemap Assur. Co. , 810 F. App’x 574, 574-......