United States Eighth Circuit

In an ERISA action alleging that various employee benefit plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions, summary judgment for defendants is affirmed where 29 U.S.C. section 1132(a)(2) did not permit the plaintiffs to bring suit because the plan's surplus was sufficiently large that the investment loss did not cause actual injury to plaintiffs' interests in the plan.

Appellate Information

• Decided 11/03/2009
• Published 11/03/2009

Judges

• COLLOTON, Circuit Judge., Before BYE and COLLOTON, Circuit Judges, and GOLDBERG, Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gregory Y. Porter, argued, Washington, DC, Kay M. Johansen, Cedar Rapids, IA, on the brief, for appellant.


• For Appellees:
  
• Gary S. Tell, argued, Robert N. Eccles, Adam Hellman, Theresa Gee, on the brief, Washington, DC, for appellee.