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Supreme Court denies motion to dismiss ERISA case
September 25, 2007 by Ross Runkel at LawMemo

LaRue v. DeWolff, Boberg & Associates, Inc. (motion denied 09/25/2007)
Order: http://www.supremecourtus.gov/orders/courtorders/092507pzr.pdf
Details: http://www.lawmemo.com/supreme/LaRue/

This case raises the issue of whether ERISA permit a participant to bring an action to recover losses attributable to his account in a “defined contribution plan” that were caused by fiduciary breach.

The respondent filed a motion to dismiss on the ground of mootness because the plan participant has withdrawn all his funds from the account.

The US Supreme Court denied the motion.

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