The Supreme Court will Decide a 401(k) Case that Addresses the Scope of ERISA Remedies

One of the more vexing aspects of ERISA is defining what remedies the statute permits. The Supreme Court has just agreed to decide a case on this subject. The case, LaRue v. DeWolff, Boberg & Associates, arises in the context of 401(k) plans, which are fast becoming the principal vehicle for retirement benefits for American employees. The LaRue case, therefore, will be a critically important one for employers to monitor in the Supreme Court’s 2007-2008 term.