Johnson v. Couturier, No. 08-17369

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