10th Circuit: Loss Alleged By ESOP From Failed Stock Transaction Was Speculative

Mealey's (June 13, 2017, 12:27 PM EDT) -- DENVER — The 10th Circuit U.S. Court of Appeals on June 5 affirmed a district court’s grant of summary judgment in favor of a financial company in an action for breach of fiduciary duty brought by an employee stock ownership plan and trust alleging that the financial company’s failure to prepare certain financial documents prevented the transfer of ownership of a holding company to the trust.  The Circuit Court agreed with the lower court that there was insufficient evidence that a breach, if it occurred, prevented the transaction (Pioneer Centres Holding Co. ESOP & Trust v. Alerus Fin., N.A., No. 15-1227, 10th Cir., 2017 U.S. App. LEXIS 9940)....