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Major U.S. Supreme Court Decision on Participant Remedies Under ERISA

Major U.S. Supreme Court Decision on Participant Remedies Under ERISA


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On February 20, 2008, a unanimous United States Supreme Court issued a major decision significantly expanding the rights of a retirement plan participant to sue the plan sponsor. The case of LaRue v. DeWolff, Boberg & Associates, Inc. involved a plan participant, James LaRue, who sued his employer because he had made certain investment choices under his 401(k) plan, and the employer failed to ensure that those investment choices were in fact implemented.