United States Eighth Circuit

Summary judgment for a plan and its administrators in an action under the Employee Retirement Income Security Act (ERISA) is affirmed where the correction of certain incorrect pension benefit estimates was not a breach of the duty of loyalty or the duty of care, plaintiff's requests for a statement of benefits were not "in writing," and the district court did not abuse its discretion in declining to impose a penalty, even if 29 U.S.C. section 1025(a) was technically violated.

Appellate Information

• Decided 09/11/2006
• Published 09/11/2006

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, MELLOY and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• William C. Brown of Omaha, Nebraska, for appellant.


• For Appellees:
  
• Thomas M. Affolter, Bellevue, Washington (Donald W. Heyrich and John C. Hewitt, on the brief), for appellee.