U.S. Supreme Court,
Civil Litigation,
Labor/Employment
Jun. 24, 2014
High court let ERISA split endure
Some of the perdurable mysteries that make law a jealous mistress abide in terribly mundane places, like ERISA Section 502(a)(3).
Some of the perdurable mysteries that make law a jealous mistress abide in terribly mundane places. Some small problems of statutory construction are attended by so little evidence of meaning, that they come, in the committed lawyer's mind, to resemble a Zen koan ("What is Buddha?" "Three pounds of flax"). Such is the effect of Section 502(a)(3) of ERISA; the subject of at least three Supreme Court cases; and an enduring source of confusion. The court let this confusion persist wh...
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