United States Sixth Circuit

The plain language and intent of ERISA permits an individual plan participant to seek recovery of losses due to a fiduciary breach. Consequently, two physicians in the case at hand can sue to recover losses from a bank that allegedly failed to notify them of fraudulent activities affecting their ERISA-governed pension plans.

Appellate Information

• Decided 01/28/2008
• Published 01/28/2008

Judges

• Before:  MERRITT, ROGERS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Marvin A. Robon, Barkan & Robon, Maumee, Ohio, for Appellants.  Scott A. Haselman, Robison, Curphey & O'Connell, Toledo, Ohio, for Appellee.  Elizabeth Hopkins, United States Department of Labor, Washington, D.C., for Amicus Curiae.   ON BRIEF:  Marvin A. Robon, Gregory R. Elder, David H. Mylander, Barkan & Robon, Maumee, Ohio, for Appellants.   Scott A. Haselman, Mark C. Abramson, Robison, Curphey & O'Connell, Toledo, Ohio, for Appellee.  Elizabeth Hopkins, United States Department of Labor, Washington, D.C., for Amicus Curiae.