Supreme Court Makes ERISA Sausage
Wednesday, February 27th, 2008
“Laws are like sausages. It’s better not to see them being made.” Otto von Bismarck
This quote came to mind as my fatigued late-night-blogging mind struggled through last week’s Supreme Court decision in LaRue v. DeWolff, Boberg & Assoc., Inc., et al.
The Court upheld the right of an individual participant in a 401(k) retirement plan to sue under ERISA for a breach of fiduciary duty in the plan’s administration.
Right result. But messy and costly process, argumentation, and judicial reasoning to get there (the sausagemaking).
“Laws are like sausages. It’s better not to see them being made.” Otto von Bismarck
This quote came to mind as my fatigued late-night-blogging mind struggled through last week’s Supreme Court decision in LaRue v. DeWolff, Boberg & Assoc., Inc., et al.
The Court upheld the right of an individual participant in a 401(k) retirement plan to sue under ERISA for a breach of fiduciary duty in the plan’s administration.
Right result. But messy and costly process, argumentation, and judicial reasoning to get there (the sausagemaking).
