James Larue v. Dewolff, Boberg & Associates, Incorporated Dewolff, Boberg & Associates, Incorporated, Employees' Savings Plan

450 F.3d 570, 38 Employee Benefits Cas. (BNA) 1001, 2006 U.S. App. LEXIS 14938, 2006 WL 1668873
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 19, 2006
Docket05-1756
StatusPublished
Cited by31 cases

This text of 450 F.3d 570 (James Larue v. Dewolff, Boberg & Associates, Incorporated Dewolff, Boberg & Associates, Incorporated, Employees' Savings Plan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Larue v. Dewolff, Boberg & Associates, Incorporated Dewolff, Boberg & Associates, Incorporated, Employees' Savings Plan, 450 F.3d 570, 38 Employee Benefits Cas. (BNA) 1001, 2006 U.S. App. LEXIS 14938, 2006 WL 1668873 (4th Cir. 2006).

Opinion

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Senior Judge WILLIAMS joined.

OPINION

WILKINSON, Circuit Judge:

The plaintiff in this case alleges that defendant fiduciaries breached their duty to him by failing to implement the investment strategy he had selected for his em *572 ployee retirement account. Relying on two separate provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1132(a)(2) and 1132(a)(3) (2000), he seeks recovery of the amount by which his account would have appreciated had defendants followed his instructions. The district court concluded that his complaint did not request a form of relief available under ERISA, and it therefore granted defendants’ motion for judgment on the pleadings.

We affirm. Section 1132(a)(2) provides remedies only for entire plans, not for individuals. And while § 1132(a)(3) does in some cases furnish individualized remedies, the Supreme Court’s decisions in Mertens v. Hewitt Associates, 508 U.S. 248, 113 S.Ct. 2063, 124 L.Ed.2d 161 (1993), and Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002), compel the conclusion that it does not supply one here. Plaintiff has alleged no unjust enrichment, unlawful possession, or self-dealing on the part of defendants, and the remedy he seeks falls outside the scope of the “equitable relief’ that § 1132(a)(3) authorizes.

I.

DeWolff, Boberg & Associates, Inc. is a nationwide management consulting firm organized under the laws of South Carolina. It administers, and is thus a fiduciary of, an ERISA-regulated 401(k) retirement savings plan in which its current and former employees participate. The plan permits participants who so desire to manage their own accounts by selecting from a menu of various investment options.

Plaintiff James LaRue has participated in this 401(k) plan since 1993. He alleges that in 2001 and 2002, he directed DeWolff to make certain changes to the investments in his plan account, but that these directions were never carried out. In 2004, he brought suit against DeWolff and the plan, claiming that this omission amounted to a breach of fiduciary duty. * According to the complaint, his “interest in the plan ha[d] been depleted approximately $150,000.00” as a result of defendants’ failure to follow his instructions. To recover for this loss, the complaint sought “appropriate ‘make whole’ or other equitable relief pursuant to [29 U.S.C. § 1132(a)(3)].”

Defendants subsequently filed a Rule 12(c) motion for judgment on the pleadings, contending that plaintiffs requested remedy was not available under § 1132(a)(3). The district court agreed, and thereafter dismissed the case with prejudice.

Plaintiff appeals. We review de novo a district court’s decision to grant judgment on the pleadings. See Burbach Broad. Co. of Del. v. Elkins Radio Corp., 278 F.3d 401, 405-06 (4th Cir.2002).

II.

In enacting ERISA, Congress sought to uniformly regulate the wide universe of employee benefit plans. See Aetna Health Inc. v. Davila, 542 U.S. 200, 208, 124 S.Ct. 2488, 159 L.Ed.2d 312 (2004). A salient feature of this effort was the careful delineation of civil remedies available to litigants seeking to enforce their rights under such plans. See id. at 208-09, 124 S.Ct. 2488. Congress broadly preempted previously available state-law causes of action, see 29 U.S.C. § 1144(a), and set forth in a single section of ERISA the exclusive list of civil actions available to parties aggrieved by a statutory violation, see id. § 1132(a); see also Ingersoll-Rand Co. v. *573 McClendon, 498 U.S. 133, 144, 111 S.Ct. 478, 112 L.Ed.2d 474 (1990).

Section 1132(a) stops short of providing ERISA complainants with a full arsenal of relief. ERISA is “an enormously complex and detailed statute that resolve[s] innumerable disputes between powerful competing interests&emdash;not all in favor of potential plaintiffs.” Mertens v. Hewitt Assocs., 508 U.S. 248, 262, 113 S.Ct. 2063, 124 L.Ed.2d 161 (1993). Its civil enforcement provision in particular attempts to settle “a tension between the primary ERISA goal of benefiting employees and the subsidiary goal of containing pension costs.” Id. at 262-63, 113 S.Ct. 2063 (internal quotation marks and alterations omitted). Congress has consequently made various “policy choices” resulting in “the inclusion of certain remedies and the exclusion of others.” Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 54, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987).

Interpretation of § 1132(a) is therefore no easy task. As the Supreme Court’s ERISA decisions have repeatedly cautioned, “vague notions of a statute’s ‘basic purpose’ are ... inadequate to overcome the words of its text regarding the specific issue under consideration.” Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 220, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002) (internal quotation marks omitted); Mertens, 508 U.S. at 261, 113 S.Ct. 2063 (same). Section 1132(a) represents an “interlocking, interrelated, and interdependent remedial scheme” that “provide [s] strong evidence that Congress did not intend to authorize other remedies that it simply forgot to incorporate expressly.” Mass. Mut. Life Ins. Co. v. Russell, 473 U.S. 134, 146, 105 S.Ct. 3085, 87 L.Ed.2d 96 (1985).

With these constraints in mind, we consider whether the statute’s text provides the particular relief at issue here.

III.

Plaintiff first suggests that remuneration of his plan account finds express authorization in the text of 29 U.S.C. § 1132(a)(2).

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450 F.3d 570, 38 Employee Benefits Cas. (BNA) 1001, 2006 U.S. App. LEXIS 14938, 2006 WL 1668873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-larue-v-dewolff-boberg-associates-incorporated-dewolff-boberg-ca4-2006.