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McCULLOUGH v. AEGON USA, INC.

No. 08-1952.

585 F.3d 1082 (2009)

Randal E. McCULLOUGH, Appellant, v. AEGON USA, INC.; AEGON USA Inc. Board of Directors; Patrick S. Baird; James A. Beardsworth; Kirk W. Buese; Tom A. Schlossberg; Arthur C. Schneider; Mary Taiber; James R. Trefz; Does 1-20; Diversified Investment Advisors, Inc.; Transamerica Financial Life Insurance Company; Transamerica Investment Management, LLC; Transamerica Life Insurance Company; Transamerica Occidental Life Insurance Company; Marilyn Carp; Dan Kolsrud; James Halfpap; Jill Anderson; Jeff Rosen; Martha McConell; Steve Albritton; Mark Mullin; James McArdle; Diane Meiners; Daniel Fox; Investment Committee; Trustee of the Plan, Appellees. AARP, Amicus on Behalf of Appellant, American Benefits Council, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 3, 2009.

Attorney(s) appearing for the Case

Gregory Y. Porter, argued, Washington, DC, Kay M. Johansen, Cedar Rapids, IA, on the brief, for appellant.

Gary S. Tell, argued, Robert N. Eccles, Adam Hellman, Theresa Gee, on the brief, Washington, DC, for appellee.

Before BYE and COLLOTON, Circuit Judges, and GOLDBERG, Judge.

COLLOTON, Circuit Judge.

Randal McCullough, a participant in a defined-benefit pension plan sponsored and administered by AEGON USA, Inc. ("AEGON"), brought suit under section 502(a)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(2). He alleged that various plan fiduciaries breached their fiduciary duties to the plan and engaged in prohibited transactions in violation of ERISA...

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