Before LaRue vs. DeWolff, Boberg & Associates ended up being heard by the Supreme Court, lower courts dealt with questions about which sections of ERISA would allow James LaRue to bring his case for an alleged breach of fiduciary duty.

Originally, he had tried to sue under Section 502(a)(3) of ERISA.

This section, however, limits recourse to "equitable relief" and excludes money damages, according to Gregory Braden, a defense attorney who is a partner with Morgan Lewis in its labor and employment practice in Washington, D.C.

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