Excerpt: In this case, James LaRue had sued his former employer -- management consultancy DeWolff, Boberg & Associates -- after he lost $150,000 in his 401(k) plan. He claimed that DeWolff failed to respond to his two requests to make investment changes to his account. As a result, his interest in the plan 'depleted' by thousands of dollars. He subsequently accused the firm of breaching its fiduciary duty, but his case was denied by two lower courts.