In November, the US Supreme Court heard oral arguments in the case of LaRue v. DeWolff. Mr. LaRue claims that he lost $150,000 from his 401(k) account when the plan administrator failed to carry out his instructions to move money from one available investment to another. The requested investment change was not made and Mr. LaRue lost a substantial amount of money before the error was discovered. The case is significant because Mr. LaRue is seeking recovery for losses to his own account, which is arguably not on "behalf of the plan" as provided in ERISA. Also, if the US Supreme Court finds that individuals may sue only for losses in their own accounts, as opposed to losses on behalf of the entire plan, it will also need to provide guidance as to the proper remedy for the loss. Generally, ERISA only allows "equitable relief" [which does not include money?] for these types of claims. Plan sponsors and their advisors will want to watch this case carefully. The decision is expected sometime in the late spring/early summer. See LaRue v. DeWolff, Boberg & Associates, Inc.