Justices Hear 401(k) Case
Barring Individuals
From Filing Suits
On Losses Is at Issue
By
MARK H. ANDERSON
November 27, 2007
WASHINGTON -- Supreme Court justices hearing a case of alleged retirement fund mismanagement seemed uncomfortable with barring employees from suing over certain losses to an individual's retirement account.
The high court considered arguments in a case brought by a South Carolina man who alleged his employer, DeWolff, Boberg & Associates Inc., mismanaged his 401(k) plan. He charged that requested investment changes were never made and as a result his retirement account lost $150,000.
At issue in the case is whether federal pension law, which allows lawsuits by a group of employees, prohibits a suit over an individual account loss. Legal experts believe the outcome could be an important development in retirement law because of the shift from defined pension plans to 401(k) contribution plans. The case could also affect lawsuits over individual company stock funds, such as those at issue in employee losses from accounting-fraud debacles such as Enron Corp.
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LaRue v. DeWolff: Argument transcript |
Court filing
Justice Stephen Breyer, summing up concerns expressed by several justices, asked why it mattered if "that one diamond came from a big vault or from one little safe-deposit box with the participant's label on it." He indicated he wasn't sure he saw how federal pension law allows the group lawsuit while barring the individual case. Justices expressing similar concerns included Ruth Bader Ginsburg, David Souter, Antonin Scalia and Samuel Alito.
The federal government, appearing at the arguments in favor of the plaintiff, believes the law clearly allows employees to seek recovery of losses for individual retirement account mismanagement.
Federal law governing benefits "authorizes a participant in a defined-contribution plan to sue to recover losses to the plan caused by a fiduciary breach," said Matthew Roberts, an assistant in the U.S. Solicitor General's Office.
The plaintiff in the case, James LaRue, seeks to recover losses he alleges occurred because the company's plan didn't act on instructions he made in 2001 and 2002. After he sued, a federal trial court and the Fourth U.S. Circuit Court of Appeals in Richmond, Va., ruled the case, in its initial stages, wasn't allowed under federal pension laws.
Mr. LaRue has since moved his funds out of the retirement account. If the Supreme Court rules in his favor, however, the case is likely to be revived where a court would determine if his allegations amounted to a fiduciary breach that allows him to recover his alleged losses.
The case is LaRue v. DeWolff, Boberg & Associates Inc., 06-856. A decision will be handed down by July.
Write to Mark H. Anderson at
[EMAIL="mark.anderson@dowjones.com"]mark.anderson@dowjones.com[/EMAIL]