Last month, Blawgletter reported that the Sixth Circuit Anticipates Supreme Court Decision Sub Silentio. The rascals have done it again — this time without the sub silentio.
In Tullis v. UMB Bank, N.A., No. 06-4632 & 06-4633 (6th Cir. Jan. 28, 2008) yesterday, the court reached the same conclusion that it did in Pfahler v. Nat’l Latex Products Co., No. 06-3677 (6th Cir. Dec. 14, 2007) — that section 502(a)(2) of the Employee Retirement Income Security Act allows individual pension plan beneficiaries to sue on behalf of the plan for fiduciary breaches that injure the individuals.
But the Tullis panel doesn’t mention the court’s decision in Pfahler, although it does quote the Pfahler district court opinion. And two of the three judges who decided Tullis also sat on the Pfahler panel.
Thrilling, right? No, but the Tullis panel manifestly gets it right when it rejects the Fourth Circuit’s conclusions about section 502(a)(2) in a case now awaiting decision by the Supreme Court in LaRue v. DeWolff, Boberg & Assocs., Inc., No. 06-856 (U.S.). See report on oral argument in LaRue here.
