Number: RS22827
Title: Liability of Plan Fiduciaries under ERISA: LaRue v. DeWolff, Boberg & Associates
Authors: Jennifer Staman, American Law Division 
Abstract: In LaRue v. DeWolff, Boberg & Associates, a participant in a 401(k) plan requested that plan administrators change an investment in his individual account. The plan administrators failed to make this change, and the individual's account allegedly suffered losses. The participant brought an action against his former employer and the 401(k) plan, claiming the plan administrator breached his fiduciary duty by neglecting to properly follow the investment instructions. At issue in the LaRue case was whether an individual could bring an action under ERISA to recover the losses. The Supreme Court held that a plan participant in a 401(k) plan could sue a plan fiduciary under Section 502(a)(2) of ERISA to recover losses caused by a fiduciary breach that only affected his individual account. This report discusses breach of fiduciary duty claims under ERISA Section 502(a)(2) and the LaRue case.
Pages: 6
Date: March 4, 2008