SCOTUScast 12-6-07 featuring Shay Dvoretzky
LaRue v. DeWolff and Sprint/United Management Co. v. Mendelsohn
On November 26th, the Supreme Court heard oral argument in LaRue v. DeWolff, regarding whether section 502(a)(2) or 502(a)(3) of ERISA give rise to an action for breach of fiduciary duty by an employee claiming the trustees of a defined contribution retirement plan failed to make investments the employee directed and that would have a higher value than those the trustees actually made. On December 3rd, the Court heard arguments in Sprint/United Management Co. v. Mendelsohn, which asks about the admissibility, in a case involving an employee's claim of employment discrimination based on the conduct of one supervisor, of testimony of other employees about the conduct of other supervisors. In this episode of SCOTUScast, Shay Dvoretzky, an attorney in the DC based law firm of Jones Day, discusses these two cases.
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