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LaRue v. DeWolff, Boberger & Associates, Inc.  ERISA Watershed or Much Ado About Nothing?


Author:  Gregory C. Braden.; Shannon M. Callahan.


Source: Volume 22, Number 01, September/October 2008 , pp.5-13(9)




Journal of Taxation and Regulation of Financial Institutions

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Abstract: 

The Supreme Court held that LaRue could sue for investment losses under ERISA section 502(a)(2) despite the fact that recovery would only go to his individual account. Creative minds will continue to come up with new interpretations of LaRue and test them in the lower courts, but the authors will not be surprised if LaRue will fail to live up to the hype and over time, be perceived as a relatively narrow holding.

Keywords: ERISA; 401(k) Plans; Section 409(a); Investment Losses; ยง 502(a)(2) claims

Affiliations:  1: Morgan Lewis; 2: Morgan Lewis.

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