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ERISA – Breach of Fiduciary Duty

7th Circuit Court of Appeals

Case Name: Donald Bator, et al., v. District Council 4, Graphic Communications Conference, IBT, et al.,

Case No.: 19-2626

Officials: BAUER, KANNE, and BARRETT, Circuit Judges.

Focus: ERISA – Breach of Fiduciary Duty

Plaintiffs Donald Bator, Edmond W. Moses, Christopher O’Malley, Michael Anthony Pappa, and Rogelio Jimenez, Jr. are former members of a union, Local 458- M. The Union participated in an employee-benefit pension plan administered by a Board of Trustees. In 2014, the Plaintiffs discovered the financial health of their pension plan was deteriorating. Several years later, the Plaintiffs sued the Trustees and the Union under the Employee Retirement Income Security Act of 1974 (“ERISA”) for a breach of fiduciary duty. See 29 U.S.C. § 1132(a)(2). The Plaintiffs allege the Defendants’ actions and inaction resulted in an underfunding of their pensions. The district court dismissed the case for failure to state a claim under ERISA. We affirm.


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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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