Earlier this month, the U.S. Supreme Court invited the Solicitor General to file a brief expressing the government’s views on a petition for certiorari asking the Court to decide whether ERISA permits a cause of action for indemnity or contribution by an individual found liable for breach of fiduciary duty. The underlying dispute resulted from
Equitable Relief
US Supreme Court to Consider ERISA’s Tracing Requirements
By Lindsey Chopin on
On March 30, the U.S. Supreme Court announced it would review Bd. of Trustees of Nat. Elevator Indus. Health Ben. Plan v. Montanile, 593 F. App’x 903 (11th Cir. 2014). As discussed here, at issue in the case is whether an ERISA fiduciary of a health benefit plan, who alleges that a beneficiary…
Fourth Circuit Rejects Widow’s Claim for Equitable Relief
By Todd Mobley on
The Fourth Circuit recently rejected fiduciary breach and equitable estoppel claims for life insurance coverage by Leslie Moon, the widow of a deceased employee, who claimed that the employer’s actions resulted in Mr. Moon’s failure to convert his life insurance to an individual policy following the onset of his disability. In so ruling, the Court…
Plaintiff’s Claim for Estoppel, Reformation and Surcharge Strikes Out
By Russell Hirschhorn on
A divided panel of the Ninth Circuit recently held that plaintiff Gregory Gabriel could not recover, as “appropriate equitable relief,” pension benefits he thought he was owed from the Alaska Electrical Pension Fund, after the Fund stopped paying him pension benefits that it had mistakenly advised him that he was entitled to. In so doing,…
Express Plan Terms Allow Self-Insured Plan to Recover Medical Benefits Paid to Employee Post-McCutchen
By Anthony Cacace on
In Quest Diagnostics v. Bomani, et al., 11-CV-00951 (D. Conn., June 19, 2013), the court granted Quest Diagnostic’s (“Quest”) motion for summary judgment, ruling that Quest, as the fiduciary to its self-insured medical plan, could recover medical benefits paid to its employee after the employee was injured in an accident and recovered a…
U.S. Supreme Court Rules That Plan Terms Trump Equitable Defenses
By Myron Rumeld & Russell Hirschhorn on
Today, the U.S. Supreme Court issued its ruling in U.S. Airways, Inc. v. McCutchen in which the Court unanimously ruled that a clearly drafted reimbursement clause will trump all equitable defenses. The Supreme Court’s ruling will likely be viewed favorably by plan sponsors, as it will allow them to anticipate with more certainty the impact…
Second Circuit: Deferential Standard Applies Without Notice To Participants & Reimbursement Claims Are Equitable Relief
By Russell Hirschhorn on
Yesterday, the Second Circuit ruled on two important issues of note for ERISA plan sponsors and plan fiduciaries.
In Thurber v. Aetna Life Insurance Co., 2013 WL 950704 (2d Cir. Mar. 13, 2013), the Court ruled that participants and beneficiaries are not required to be put on notice that:
- the plan fiduciary has reserved
…