I've blogged about LaRue, pending before the Supreme Court, on other occasions
. This morning was the oral argument in the case. I've received reports from a couple of folks who were at the hearing this morning and can provide some insight into how the Court may be leaning.
The thought is that the court will be split on whether a remedy will be provided for LaRue under 29 U.S.C. Sec. 1132(a)(2) but the tenor of the questions suggests the Court will interpret the language of the statute broadly enough to allow recovery by LaRue under the facts of this case. There was the feeling that Justice Scalia was angling for whether a remedy was available under 29 U.S.C. Sec. 1132(a)(1)(B), recovery under the terms of the plan. The Court did not seem particularly interested in whether 29 U.S.C. Sec. 1132(a)(3) provided a remedy and my sources doubt the Court is inclined to get into the scope of relief under that section of ERISA al all.
Of course, this is all reading tea leaves. A transcript of the hearing should be available in the next day or two and I'll provide a link as soon as I know about it.
UPDATE: More background
on the LaRue case from Bloomberg.
UPDATE II: The official transcript of the oral argument is here
UPDATE III: Here are a couple of links reporting on the arguments before the court. Bloomberg
and Linda Greenhouse
at the New York Times.
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