Labor/Employment,
9th U.S. Circuit Court of Appeals
Dec. 19, 2014
Circuit changes course on ERISA
The 9th Circuit just issued a ruling joining several other circuits on the availability of the equitable remedy of "surcharge" brought against a breaching fiduciary under ERISA.
Michelle L. Roberts
Partner
Kantor & Kantor, LLP
Labor & Employment
1050 Marina Village Pkwy, Ste 105
Alameda , CA 94501
Email: mroberts@kantorlaw.net
UC Berkeley Boalt Hall
Kantor & Kantor is a California-based law firm that represents insureds in ERISA-governed disability, life, health, and pension claims.
On Dec. 16, a three-judge panel for the 9th U.S. Circuit Court of Appeals withdrew a prior ruling and issued an opinion that put it in line with several other circuits on the availability of the equitable remedy of "surcharge" brought against a breaching fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA). Gabriel v. Alaska Elec. Pension Fund, 2014 DJDAR 16590 (Dec. 16, 2014).
A surcharge is a kind of equitable monetary remedy against a trustee whic...For only $95 a month (the price of 2 article purchases)
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