Law360 Highlights MVA Attorneys Achieving Dismissal with Prejudice of ERISA/ESOP Class Action Suit
Moore & Van Allen (MVA) successfully represented board members and corporate executives resulting in a complete dismissal with prejudice of an ERISA/ESOP suit brought in the U.S. District Court for the Western District of Wisconsin. The case, Szalanski v. Arnold et al., involved various federal ERISA claims against former executives of PDQ Food Stores and trustee GreatBanc Trust Co. related to the ESOP-owned company’s 2017 sale to Kwik Trip for $68mm. As highlighted in a recent Law360 article, MVA attorneys Mark Nebrig, Joe Piligian, and Drew Newman, along with local counsel, represented the former PDQ board members and executives.
On June 21, 2025, Judge William M. Conley dismissed the plaintiff’s amended complaint with prejudice, finding the claims lacked sufficient factual basis and failed to establish that any alleged side payments constituted prohibited transactions under ERISA. The Court affirmed that the compensation and severance arrangements at issue were consistent with prior agreements and did not improperly divert funds from ESOP participants.