Failure To Show Injury Dooms ERISA Suit V. Medtronic

Law360, New York (May 27, 2009, 12:00 AM EDT) -- Ruling that a former Medtronic Inc. employee failed to establish injury, a federal judge has thrown out a putative class action alleging that the medical device maker and its executives breached their fiduciary duties in connection with two Medtronic products, causing company-sponsored retirement plans to lose value.

Judge Richard Kyle of the U.S. District Court for the District of Minnesota on Tuesday dismissed the suit, which was brought by former Medtronic employee Mark Brown under the Employee Retirement Income Security Act.

Brown alleged that Medtronic and...
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