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MERTENS v. HEWITT ASSOCIATES

No. 91-1671.

508 U.S. 248 (1993)

MERTENS et al. v. HEWITT ASSOCIATES

United States Supreme Court.

Decided June 1, 1993.

Attorney(s) appearing for the Case

Alfred H. Sigman argued the cause for petitioners. With him on the brief were Dan Feinberg, Jeffrey W. Kobrick, and Joseph L. Kociubes.

Ronald J. Mann argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Deputy Solicitor General Mahoney, Allen H. Feldman, Nathaniel I. Spiller, and Mark S. Flynn.

Steven H. Frankel argued the cause for respondent. With him on the brief were Duane C. Quaini, Elpidio Villarreal, C. Lawrence Connolly III, and John M. Ryan.*

Scalia, J., delivered the opinion of the Court, in which Blackmun, Kennedy, Souter, and Thomas, JJ., joined. White, J., filed a dissenting opinion, in which Rehnquist, C. J., and Stevens and O'Connor, JJ., joined, p. 263.

Justice Scalia, delivered the opinion of the Court.

The question presented is whether a nonfiduciary who knowingly participates in the breach of a fiduciary duty imposed by the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 832, as amended, 29 U. S. C. § 1001 et seq., is liable for losses that an employee benefit plan suffers as a result of the breach.

I

According to the complaint...

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