Perspective
Nov. 21, 2013
Equitable remedies gain favor in ERISA cases
One of the most significant ERISA developments in the last two years has been the expansion in the availability of claims for equitable remedies. By Robert J. McKennon
One of the most significant developments in the law concerning the Employee Retirement Income Security Act of 1974 in the last two years has been the expansion in the availability of claims for equitable remedies, including equitable estoppel. In its 2011 decision in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011), the U.S. Supreme Court signaled a shift away from the aversion among federal courts toward granting equitable remedies - par...
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