Secretary United States Department of Labor v. Kwasny

OPINION OF THE COURT

McKEE, Circuit Judge.

Richard Kwasny appeals the District Court’s order granting summary judgment in favor of the Secretary of Labor and denying his cross-motion for summary judgment. Because the record shows no genuine issue of disputed fact regarding Kwasny’s violation of the Employee Retirement and Income Security Act of 1974 (“ERISA”) by directing employee 401(k) contributions into his Firm’s general assets, we hold that the District Court did not err in granting summary judgment. We will therefore affirm, but remand, for a determination of whether the judgment against…