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HARSCH v. EISENBERG

Nos. 90-3169, 90-3303.

956 F.2d 651 (1992)

Kathaleen A. Bassler HARSCH, Douglas M. Bihler, Thomas D. Kuehl, Paula C. Miller, and Lisa P. Tallar-Kuehl, Plaintiffs-Appellees, Cross-Appellants, v. Alan D. EISENBERG, Individually and as Trustee and Administrator of the Alan D. Eisenberg, S.C. Pension and Profit Sharing Plan, and as President and Sole Director of Alan D. Eisenberg, S.C., the Alan D. Eisenberg, S.C. Pension and Profit Sharing Plan, and Alan D. Eisenberg, S.C., a Wisconsin service corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1992.

As Amended February 19, 1992.

Attorney(s) appearing for the Case

L. William Staudenmaier, Brian C. Tyndall (argued), Paul J. Hinkfuss, Cook & Franke, Milwaukee, Wis., for plaintiffs-appellees.

Alan M. Levy (argued), Steven J. Slawinski, O'Neil, Cannon & Hollman, Milwaukee, Wis., for defendants-appellants.

Before CUDAHY and FLAUM, Circuit Judges, and ROSZKOWSKI, Senior District Judge.

CUDAHY, Circuit Judge.

The principal question presented by this appeal is whether either extracontractual compensatory or punitive damages may be recovered by a beneficiary in an action for breach of fiduciary duty under ERISA. The district court held that punitive damages were not available in such an action, but that the compensatory damages sought by the plaintiffs were. We affirm the district court's holding as to punitive damages, but reverse on the issue of...

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