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... question. Personally, I'm of the view that the Court will find that the statutory language allows for the type of claim that LaRue is presenting. The language in question is capable, without any stretching of the language, of including the kind of claim ... decisions concerning other contexts in resolving the statute's application in the defined contribution context. I suspect that LaRue will present an early example of the Court accepting that the statutory language in ERISA that remains open to ...

... , or the parties themselves better served, if courts were resolving questions such as those presented by LaRue after development of the facts of a particular case? On the merits, as it were, rather than on procedural issues? Tom Gies: An ... ERISA participants. Blog: Any particularly surprising questions or lines of inquiry at the oral argument directed at either you or LaRue's counsel? What's particularly interesting or surprising about it? Tom Gies: Although the questioning of Mr. Stris regarding ...

... has been a lot of good commentary written in the last couple of days about LaRue. Ultimately, the real meaning of LaRue will lie in the Court's opinion on how they decide to move the ERISA ... 401(k) class action attorneys because it is possible that the Court's decision in LaRue could connect the dots between hypothetical loss and recovery from plan sponsors. ... case to this point. He is handicapping a vote of 6-3 in favor of LaRue. He may be correct after last year's decision of 9-0 in Mid-Atlantic ...

... 's that for mixing my metaphors?). I know from readers of this blog and from talking to other lawyers that people are very interested in LaRue and the Supreme Court's current interest in ERISA cases - in fact, one lawyer told me that right after LaRue was ... the Solicitor of Labor, background that may make her ideally suited to comment on one of the biggest mysteries of all raised by LaRue and the Supreme Court's selection for its docket of two more ERISA cases, namely what's with the Supreme Court ...

... seeks "equitable relief" for purposes of ERISA Section 502(a)(3). In the view of the U.S., the Fourth Circuit in LaRue erred in answering both of the two questions presented in the negative. With regard to the first question, the government explains that ... a suit to recover for the plan "losses to the plan" resulting from a breach of fiduciary duty. The fact that petitioner James LaRue seeks to recover funds (approximately $150,000) that he allegedly lost when respondent failed to make certain ...

... rule. So I'll pick up the challenge and go where angels fear to tread. The prevailing view seems to be that LaRue will win a split decision, with a condition. The condition is that the Court does not avoid the merits issue by holding that the complaint ... holdout? Chief Justice Roberts. One more thought. The defendant made the all-too-predictable argument that a finding in LaRue's favor would open the "floodgates of litigation," swamping the federal courts with 401(k) investment decision cases. ...

... ] stock despite knowing that the stock was overpriced and therefore was a 'bad deal'." The Seventh Circuit recognized that, after LaRue, a plan participant can move forward with such a claim, at least in terms of having standing to pursue relief that is ... rest at the crossroads that the law of ERISA finds itself at today. The first has to do with the extent to which LaRue will or will not increase litigation. I have previously discussed that, in my view, the real impact of LaRue is that the types ...

... only the plan itself had standing to bring those lawsuits. But the question remains as to whether the LaRue decision will pave the way for an increase in individual accountholder litigation where plan participants' investment instructions are ignored ... the individual investor losses, an individual lawsuit may not be an efficient process for recovery. Accordingly, while the LaRue decision allows for individuals to bring ERISA actions, the cost of funding the actions on an individual basis is likely ...

... that the law governing denied benefits, rather than the law of breach of fiduciary duty, should apply to the circumstances of the LaRue case appears unworkable in the context of that particular type of claim, for a variety of practical and legal reasons; there is a ... plan, which is the issue animating the majority's opinion. Does the majority's heavy emphasis on the fact that LaRue concerned a defined contribution plan hint at a belief among the majority that, in fact, ERISA needs to be treated as ...

... on behalf of shareholders at large. - Judge Easterbrook With the ink barely dry on the Supreme Court's opinion in LaRue v. DeWolff, Boberg & Associates, the 7th Circuit has applied it in deciding Rogers v. Baxter International Inc., ... such fiduciary. A fiduciary may also be removed for a violation of section 1111 of this title." The 7th Circuit found that the holding in LaRue was dispositive of Baxter International's claim that Roger's lawsuit should be dismissed, stating LaRue's holding as: ...