Parker

Steven Parker was co-owner of a ship repair company. In order to prevent the company from financial ruin, he stole funds from his company’s pension plan (the Plan) and transferred the funds into his company’s general account. He was prosecuted and pleaded guilty to several federal charges.

A complex round of civil litigation then ensued. This appeal involves Parker, the Plan, and Bank of America, which is the trustee of the Plan. The district court granted summary judgment in favor of the Plan on its claim that Parker had breached his fiduciary duty to the Plan, and dismissed for lack of standing Parker’s claim that Bank of America breached its fiduciary duty to the Plan. Parker filed a voluntary Chapter 11 petition in bankruptcy and then appealed both decisions.

The district court had jurisdiction under 28 U.S.C. § 1331 . The parties dispute whether this Court has jurisdiction over the appeal from the grant of summary judgment because Parker’s notice of appeal may have been untimely. This Court has jurisdiction over the dismissal of Parker’s claim against Bank of America under 28 U.S.C. § 1291 . For the reasons that follow, we conclude that Parker’s appeal from the grant of…