United States Fourth Circuit

Judgment against defendant plan fiduciaries, resulting in removal as fiduciaries of plan and order for remuneration for losses resulting from misconduct, is affirmed where defendants' actions, including attempts to raid plan's assets and deprive employees of vested benefits, constitute an egregious misuse of authority that justified the remedies.

Appellate Information

• Argued 05/24/2006
• Decided 06/22/2006
• Published 06/22/2006

Judges

• Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Carney Hayes, Jr., Nixon Peabody, L.L.P., Washington, D.C., for Appellants.  Evan H. Nordby, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Appellee.   ON BRIEF:  Leslie P. Machado, Nixon Peabody, L.L.P., Washington, D.C., for Appellants.  Howard M. Radzely, Solicitor of Labor, Timothy D. Hauser, Associate Solicitor for Plan Benefits Security, Karen L. Handorf, for Appellate and Special Litigation, Elizabeth Hopkins, Senior Appellate Attorney, Adam Neufeld, United States Department of Labor, Office of the Solicitor, Washington, D.C., for Appellee.