United States Second Circuit

Summary judgment to defendant retirement plan trustees is affirmed where the district court properly dismissed plaintiff's claims: 1) brought on behalf of the 401(k) plan on the ground that plaintiff's failure to do anything to demonstrate that her action actually was intended to benefit former plan participants other than herself rendered specious her claim to be acting on behalf of others; and 2) for individual equitable relief under section 502(a)(3) of ERISA, 29 U.S.C. section 1132(a)(3), on the ground that the relief she seeks is not "equitable" within the meaning of the statute.

Appellate Information

• Decided 07/21/2006
• Published 07/24/2006

Judges

• SACK, Circuit Judge., Before MESKILL, SACK, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas G. Moukawsher, Moukawsher & Walsh LLC (Ian O. Smith, of counsel), Hartford, CT, for Plaintiff-Appellant., Susan J. Luken, Trial Attorney, United States Department of Labor (Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor, Plan Benefits Security Division, Elizabeth Hopkins, Counsel for Appellate and Special Litigation, Plan Benefits Security Division, of counsel), Washington, DC, for Amicus Curiae Elaine L. Chao, Secretary of Labor, in support of plaintiff-appellant., Mary Ellen Signorille, AARP Foundation (Melvin Radowitz, AARP, of counsel) Washington, DC, for Amicus Curiae AARP in support of plaintiff-appellant.


• For Appellees:
  
• Glenn W. Dowd, Day, Berry, & Howard, LLP, New Haven, CT, for Defendants-Appellees.