United States Eighth Circuit

Where an ERISA defined benefit plan's surplus was sufficiently large that particular investment loss did not cause injury-in-fact to plaintiffs' interests, plaintiffs' claims against defendants for failure to investigate and monitor investments were properly dismissed.

Appellate Information

• Decided 03/26/2002
• Published 03/26/2002

Judges

• LOKEN, Circuit Judge., Before LOKEN, MURPHY, and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Alan M. Sandals, Philadelphia, PA, argued (Scott M. Lempert, Philadelphia, PA, Seymour J. Mansfield and Debra S. Nelson, Minneapolis, MN, on the brief), for appellant., Sara Pikofsky, Office of the Solicitor, US Department of Labor, Plans Benefit Security Division, Washington, D.C., argued (Henry L. Solano, Allen H. Feldman and Karen L. Handorf, U.S. Department of Labor, Washington, D.C., on the brief), for amicus curiae., Mary Ellen Signorille, AARP Foundation Litigation, and Melvin Radowitz, AARP, Washington, D.C. (on the brief), for amicus curiae on behalf of AARP in support of appellants.


• For Appellees:
  
• John D. French, Minneapolis, MN, argued (Steven L. Severson, Deborah A. Ellingboe, Minneapolis, and J. Alan Galbraith, Washington, D.C., on the brief), for appellee.