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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