Additional Briefing Ordered On Damages Related To Mapping Of 401(k) Plan Assets

(December 27, 2017, 9:57 AM EST) -- JEFFERSON CITY, Mo. — A Missouri federal judge on Dec. 12 ordered parties involved in a dispute over the management of a 401(k) plan to file supplemental briefing on the issue of damages related to the mapping of assets, noting that the correct losses for breaching the duty of loyalty cannot be measured by determining what the losses would have been if a “loyal fiduciary” mapped the assets into a different fund because such a measure does not restore the plan to the position that it would have occupied if the plan did not breach of the duty of loyalty (Ronald C. Tussey, et al. v. ABB Inc. et al., No. 06-4305, W.D. Mo., 2017 U.S. Dist. LEXIS 203969)....

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