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Employee Ownership Legal Digest (2) Archive

Stay informed on the latest legal developments impacting employee ownership. This page provides timely and concise summaries of key cases and rulings, contributed by experienced attorneys, to help the entire employee ownership community understand their implications, and also offers access to NCEO's archive of prior content.


Wendy Gilligan

Court Dismisses Lawsuit Over Fiduciary’s Failure to Report Breach of Duty within Statute of Limitations

On September 29, 2025, the U.S. District Court for the Eastern District of North Carolina approved the defendants’ motion for summary judgment and dismissed the plaintiff’s fiduciary breach claims in a case in which the former President of the company and trustee of the company’s ESOP claimed the ESOP’s other fiduciaries breached their duties by allowing the misuse of corporate assets, undervaluing the company’s stock and negatively impacting his ESOP account by not making contributions, in addition to dividend payments, to fund the distribution of terminated participants’ ESOP benefits.









Rick Pearl

Court Rules on Certain Damages and Remedies Issues in Cruise America ESOP Valuation Lawsuit

In August of 2024, a federal district court entered judgment in the Department of Labor’s (DOL) favor and against certain defendants in a case involving RVR, Inc., d/b/a Cruise America, and the RVR Inc. Employee Stock Ownership Plan (ESOP). The judge determined that the $105 million ESOP transaction was overvalued by $72 million.