McCullough v. AEGON USA, Inc., No. 08-1952
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.
Submitted: December 12, 2008
Filed: November 3, 2009
Opinion by Judge Colloton