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IN RE WORLDCOM, INC. ERISA LITIGATION

No. 02 Civ.4816DLC.

354 F.Supp.2d 423 (2005)

In re WORLDCOM, INC. ERISA LITIGATION This Document Relates to: ALL ACTIONS

United States District Court, S.D. New York.

February 1, 2005.

Attorney(s) appearing for the Case

Lynn Lincoln Sarko, Gary A. Gotto, Ron Kilgard, Juli Desper, Tana Lin, Keller, Rohrback, LLP, Seattle, Washington, for Plaintiffs.

Jeffrey Lewis Lewis, Feinberg, Renaker & Jackson, P.C., Oakland, California, for Plaintiffs.

Edwin J. Mills, Stull, Stull & Brody, New York, New York, for Plaintiffs.

William J. Kilberg, Paul Blankenstein, Antoinette DeCamp, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Defendant Merrill Lynch Trust Company FSB.

OPINION & ORDER

COTE, District Judge.

This Opinion addresses the circumstances in which a directed trustee of a 401 (k) plan may be liable under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. § 1001 et seq., for its failure to refuse on its own initiative to invest employee funds in the company's stock. Because plaintiffs have not shown that the trustee had non-public information regarding the...

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