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Employee Benefits

Jul. 12, 2012

Equitable relief in the 9th Circuit just got better for consumers

Insurers may be forced to accept limited equitable relief in order to gain the benefits of reduced costs and preemption of state law causes of action. By Robert J. McKennon and Scott Calver of McKennon Law Group PC


By Robert J. McKennon and Scott Calvert


The 9th U.S. Circuit Court of Appeals on the same day recently issued two very important consumer friendly decisions regarding the question of what constitutes appropriate equitable relief in a case falling within the purview of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1132. Under 29 U.S.C. Section 1132(a), a civil action may be brought "(3) by a participant, beneficiary, or fiduciary (A) ...

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