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LaRue v. DeWolff, Boberg & Associates, Inc.

United States Supreme Court
552 U.S. 248 (2008)


James LaRue (plaintiff) was an employee of DeWolff, Boberg & Associates (DeWolff) (defendant). DeWolff administered a retirement-savings plan on behalf of LaRue. This plan was regulated by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq. In 2001 and 2002, LaRue instructed DeWolff to change investments in LaRue’s individual account, but DeWolff failed to make the requested changes. In 2004, LaRue sued DeWolff, alleging that DeWolff’s failure to make the requested changes constituted a breach of fiduciary duty under ERISA and had caused his individual account to be depleted by about $150,000. DeWolff filed a motion for judgment on the pleadings. The district court granted judgment in favor of DeWolff. The United States Court of Appeals for the Fourth Circuit affirmed, finding that section 502(a)(2) of ERISA provided remedies only to benefits plans as a whole and not to individual participants of a plan. The United States Supreme Court granted certiorari.

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