PEREZ v. BRUISTER

Nos. 14-60811, 14-60816.

823 F.3d 250 (2016)

Thomas E. PEREZ, Secretary, Department of Labor, Plaintiff-Appellee Cross-Appellant v. Herbert BRUISTER, Defendant-Appellant Cross-Appellee. Thomas E. Perez, Secretary, Department of Labor, Plaintiff v. Herbert Bruister, Defendant. Vincent Sealy, Plaintiff-Appellee v. Herbert C. Bruister; Bruister Family L.L.C., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 3, 2016.


Attorney(s) appearing for the Case

Thomas Tso, Esq. (argued) , Stephen Aaron Silverman (argued) , U.S. Department of Labor Office of the Solicitor, Washington, DC, Dane L. Steffenson , Atlanta, GA, Louis Hanner Watson, Jr., Esq. , Jackson, MS, Charles Peter Yezbak, III, Esq. , Yezbak Law Offices, Nashville, TN, for Plaintiff-Appellee Cross-Appellant.

David R. Johanson (argued) , Hawkins, Parnell, Thackston & Young, L.L.P., Napa, CA, Cecil Maison Heidelberg, Esq. , Heidelberg Harmon, P.L.L.C., Ridgeland, MS, for Defendant-Appellant Cross-Appellee.

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.


This appeal raises numerous issues involving the sale of closely-held stock from a corporation's owner to its tax-preferred Employee Stock Ownership Plan. "The... dispute is whether individual Defendants breached fiduciary duties under ERISA when [allegedly] acting as trustees...

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