083798P.pdf   11/25/2009  Jeremy Braden  v.  Wal-Mart Stores, Inc.
   U.S. Court of Appeals Case No:  08-3798
   U.S. District Court for the Western District of Missouri - Springfield   
   [PUBLISHED] [Murphy, Author, with Bright and Riley, Circuit Judges]
   Civil case - ERISA. District court erred in dismissing breach of
   fiduciary duties suit against the trustees of the Wal-Mart profit sharing
   and 401(k) plan, as plaintiff had Article III standing to assert claims based
   on breaches which occurred prior to the date he first contributed to the
   plan, and he stated a cause of action upon which relief could be granted;
   plaintiff satisfied the standing requirement because he alleged an actual
   injury to his own Plan account, and that injury is fairly traceable to
   defendants' conduct; the question of whether recovery might be had for
   the period before he personally suffered injury is not one of constitutional
   standing, but rather one of statutory interpretation, and the underlying
   ERISA statutory provisions grant a right to judicial relief to a person in
   plaintiff's position; giving plaintiff the proper benefit of the reasonable
   inferences, his complaint stated a claim for breach of fiduciary duty and
   should not have been dismissed under Rule 8 for failure to state a claim;
   complaint also stated a claim for breach of duty of loyalty based on
   trustees' failure to disclose certain information about the Plan's
   investment funds and how they were selected; complaint also stated a
   claim for violation of 29 U.S.C. Sec. 1106(a)(1)(C).