Employee Benefits
Jul. 17, 2012
Supreme Court to address circuit split on equitable relief under ERISA
Some Circuits have ruled that strict adherence to plan documents which disclaim the application of traditional equitable defenses constitutes "appropriate equitable relief," but not the 9th Circuit. By Chuck Teixeira
Last month, the U.S. Supreme Court agreed to examine a split among federal circuit courts regarding equitable relief under the Employee Retirement Income Security Act. 80 U.S.L.W. 3707 (June 25, 2012). More specifically, the court decided to review the 3rd U.S. Circuit Court of Appeals decision in US Airways, Inc. v. McCutchen, 663 F.3d 671 (2011). In that case, the 3rd Circuit indicated that courts may refuse to enforce the subrogation o...
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