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Oct 2007
October 01, 2007

Validity of Claims for Breach of Fiduciary Duty Under a Retirement Plan to Be Considered by the Supreme Court

The U.S. Supreme Court has granted a petition for certiorari in LaRue v. DeWolff, Boberg & Assoc, Inc., et al., a case involving the ability of an individual worker to sue her employer for breach of fiduciary duty under an ERISA retirement plan. In the past, courts have interpreted the law to permit a breach of fiduciary claim only where an employer has injured all plan participants. Plaintiff James LaRue participated in his employer's 401(k) program, administered by defendant DeWolff. When DeWolff failed to make certain changes that LaRue had requested for his investment plan, he filed suit, seeking $150,000 in damages. Both the District Court and the U.S. Court of Appeals for the Fourth Circuit held in favor of DeWolff, and the Supreme Court will now decide the issue.

It is expected that the Supreme Court will issue a decision in the spring of 2008. Interested parties should contact the Chair of our Appellate Practice Group, for more information about filing an amicus curiae brief in this case.

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