Foster v. PPG Industries, Inc.

EBEL, Circuit Judge.

Plaintiff-Appellant William Foster (“Foster”) sued his former employer, Defendant-Appellee PPG Industries, Inc. (“PPG”), and Defendant-Appellee the PPG Industries Employee Savings Plan (the “Plan”) (collectively, “Defendants”) under the Employee Retirement Income Security Act (“ERISA”) to recover Plan benefits allegedly due him after Foster’s ex-wife fraudulently withdrew Foster’s entire Plan account balance. The district court upheld the decision of the Plan Administrator, who had determined that the Plan was not liable to reimburse Foster for the fraudulently withdrawn…