DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
021824P.pdf 12/31/2002 Gary Lee Eckelkamp v. Dennis J. Beste
U.S. Court of Appeals Case No: 02-1824
Eastern District of Missouri
Civil case - ERISA. District court did not err in granting
defendants' motion for summary judgment on plaintffs'
claim they breached their fiduciary duties by using their
positions to overcompensate themselves and by failing to
ensure that annual appraisals were properly conducted,
as plaintiffs failed under Daubert to produce credible
and admissible expert evidence to support their allegations;
state law double derivative action was preempted by
ERISA; defendants were entitled to summary judgment
on retaliatory discharge claim as they established
nondiscriminatory grounds for discharge which plaintiff
failed to show were pretextual.