Business Associations Keyed to Hamilton
Bane v. Ferguson
Facts
Bane (P) was a former partner in a law firm which he receives pension pursuant to a noncontributory company retirement plan. The plan stipulated that payments would end if the firm dissolved without a successor entity. Several months later, the firm merged with another Chicago firm. The merger failed and the firm dissolved without a successor, leading to the end of Bane’s (P) retirement benefits. Bane (P) filed a suit claiming negligent mismanagement on Ferguson (D) and the other members’ (D) parts in deciding to merge, making certain purchases, and leaving the firm before its dissolution. The district court dismissed, so Bane (P) appealed.
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