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Labor/Employment,
Civil Litigation,
U.S. Supreme Court

Apr. 1, 2015

US high court to look at 'equitable relief' under ERISA

The Supreme Court just granted certiorari in a case involving what 'equitable relief' means as used in the Employment Retirement Income Security Act of 1974.

Corbin K. Barthold

Washington Legal Foundation

UC Berkeley Boalt Hall

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A fine quip about the Employment Retirement Income Security Act of 1974 appears, oddly enough, in a tribute to Justice Oliver Wendell Holmes: "Throughout his judicial career Holmes relished challenging cases," writes Judge Ed Carnes; "it is a pity that Holmes did not live to see ERISA cases."

Among the statute's quirks and puzzles, Section 502(a)(3), which allows a plaintiff to seek "appropriate equitable relief" for a breach of an ERISA plan, breaks forth and demands attention. Gr...

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