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9th Circuit Stands with Other Courts on Ex-Participant Lawsuit Ruling
planadviser; registration may be required
Sept. 22, 2008
"Another court ruled that participants who have cashed our of their defined contribution plan can still pursue fiduciary breach lawsuits. The 9th U.S. Circuit Court of Appeals became the seventh appellate panel to rule that way. The court overturned a lower court ruling by holding that allowing former participants to pursue fiduciary claims under [ERISA] to recover their losses fit with the true meaning of the federal benefits rights law[.]" [Vaughn v. Bay Environmental Management Inc., No. 05-17100 (9th Cir. Sept. 19, 2008)]
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