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CECIL D. BRANSTETTER
C. DEWEY BRANSTETTER, JR.
RANDALL C. FERGUSON
R. JAN JENNINGS
JOE P. LENISKI, JR.
ROBERT E. RICHARDSON, JR.
DONALD L. SCHOLES
STEVEN J. SIMERLEIN
STACEY K. SKILLMAN
MIKE STEWART
JAMES G. STRANCH, III
JANE BRANSTETTER STRANCH
J. GERARD STRANCH, IV
MICHAEL J. WALL
Investigations
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Featured Cases
Ewing et al. v. Neuhoff, et al., (Frosty Morn, Inc. Litigation)
(Law and Equity Court, Montgomery County) (Boles).
Successful jury verdict in class action against directors of Frosty Morn, Inc. for unlawful activities in running the corporation, involving employee benefit plans. Employees received 100% of their losses.
Lankford v. Dow Chemical et al.
(No. 04-1517) (Davidson County Circuit, Tennessee) (Shipley).
Firm represented a class of plaintiffs from 29 states and the District of Columbia, alleging that three companies - The Dow Chemical Company, E.I. du Pont de Nemours and DuPont Dow Elastomers LLC - conspired to fix the price of the versatile synthetic rubber Neoprene, violating trade practices, consumer protection and antitrust statutes during a four-year period ending in 2003. Proceeds from final settlement were awarded as cy pres to Vanderbilt University Law School.
In re Qwest Savings and Retirement Plans ERISA Litigation,
(Civil Case No. SEQ CHAPTER \h \r 1 02-cv-00464-REB-PAC)(D. Colo.) (Blackburn).
Firm served as co-chair counsel in a class action on behalf of participants in the Qwest Communications International, Inc. 401(k) Plan. The suit alleged that Plan fiduciaries at Qwest and Plan trustee Deutsche Bank violated their duties owed under ERISA by encouraging Plan participants to invest in Company stock at a time when the stock price was artificially-inflated. The Settlement, which has been preliminarily approved by the Court and awaits a hearing on final approval in November, 2006, results in the Plan recovering millions of dollars and protects the Planis right to recover in the parallel securities action.
Dollar General Derivative Litigation (Dixon et al. v. Turner, et al.),
Case No. 01C-1322 (Davidson County Circuit) (Judge Shipley).
Lead counsel in derivative action against directors of Dollar General Corporation alleging breaches of fiduciary duties, waste of corporate assets, unjust enrichment, and gross mismanagement. Settlement reached is believed to be the largest derivative settlement in Tennessee history.
Sherwood et al. v. Microsoft Corporation,
Civ. No. 99-C-3562 (Davidson County Circuit Court) (Judge Kurtz).
Lead counsel in a consumer class action against Microsoft Corporation alleging violtaion of the Tennessee Consumer Protection Act and the Tennessee Trades Act. Settlement featured damages to the class and a sizable cy pres award to Tennessee schools.
In re Providian Financial Corp. ERISA Litigation,
No. C 01-5027 (N.D. Cali.).
Co-lead counsel in a 401(k)/ESOP class action suit brought against fiduciaries at Providian Financial for violation of duties owed under ERISA. Settlement reached provided cash to Plan members, lifts Plan sales restrictions, and allows Plan members to recover in parallel securities action.
In re Xcel Energy, Inc. ERISA Litigation,
(Civ. 02-2677)(D.Minn)(Doty).
Co-lead counsel in a 401(k)/ESOP class action suit brought on behalf of pension plan participants against fiduciaries at Xcel Energy for violation of duties owed under ERISA. Settlement agreement reached provides cash settlement to Plan members, lifts Plan sales restrictions, and allows Plan members to recover in parallel securities action.