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Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Reformation

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Second Circuit: Class-Wide Reformation Is Appropriate Equitable Relief

By Aaron Feuer on December 29, 2014

In the latest chapter of the Amara saga, the Second Circuit recently affirmed the district court’s class-wide order to reform CIGNA’s cash balance plan, as a means to remedy what the district court previously found to be CIGNA’s breach of its statutory notice obligations.

Posted in Remedies

Plaintiff’s Claim for Estoppel, Reformation and Surcharge Strikes Out

By Russell Hirschhorn on June 10, 2014

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,…

Posted in Remedies

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