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.

Read McCullough v. AEGON USA, Inc., No. 08-1952

Appellate Information

Submitted: December 12, 2008

Filed: November 3, 2009

Judges

Opinion by Judge Colloton