In an ERISA action for breach of fiduciary duty through the diversion of corporate assets, a preliminary injunction in favor of plaintiffs is affirmed where the district court did not abuse its discretion when it enjoined advancement of defense costs and froze defendant’s assets; but the matter is remanded to allow the district court to set the terms and conditions of a surety bond sufficient to secure defendants against any harm that might wrongfully befall them as a result of the issuance of the injunction.
Read Johnson v. Couturier, No. 08-17369
Appellate Information
Argued and Submitted May 7, 2009
Filed July 27, 2009
Judges
Opinion by Judge Tallman
Counsel
For Appellants:
Theodore M. Becker, Morgan, Lewis & Bockius LLP, Chicago, IL
For Appellees:
Gary D. Greenwald, Keller Rohrback, PLC, Phoenix, AZ
Ron Kilgard, Keller Rohrback, PLC, Phoenix, AZ
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