Perspective
Jan. 9, 2015
Expanding equitable remedies in ERISA cases
The 9th U.S. Circuit Court of Appeals recently expanded the available equitable remedies and set forth a road map for claimants asserting reformation, equitable estoppel and surcharge. By Robert J. McKennon and Scott E. Calvert
One of the biggest changes in the ever-fluid law that is the Employee Retirement Income Security Act of 1974 was the expansion in the availability of claims for equitable remedies. In 2011, the U.S. Supreme Court, in Cigna Corp. v. Amara, opened the door to allowing claimants to seek monetary relief through equitable remedies in ERISA cases. With a recent ruling, the 9th U.S. Circuit Court of Appeals has expanded...
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