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Roger Baron
11/17/2008 01:47 PM
I am amazed at how quickly the transcript came out for this. Thanks for blogging this, Brian.
Curtis L. Kennedy
11/17/2008 01:47 PM
Brian, thanks for getting this posted, as it made interesting reading last night.
I am very surprised the Court did not address the key issue - whether a loss to an individual account plan is the same as "loss to the plan" under Section 409. And, after seeing all the time spent by several Justices surmising whether a loss to the plan can be remedied under Section 502(a)(1)(B), I'm glad to know the Court has a passel of bright law clerks.
Curtis
Curtis L. Kennedy
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Brian S. King
11/17/2008 01:47 PM
Thanks Curtis. I, like you, am surprised that the Court did not spend more time on the loss-to-the-plan vs. individual losses issue. They did reach it, eventually, in the diamonds metaphor that Breyer eventually got to. But I too was surprised at the discussion of (a)(1)(B). That seemed to be a diversion.
And Roger, I was also amazed about the time for the transcript. I didn't expect it until today or tomorrow.
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