Rose v. PSA Airlines, Inc., No. 21-2207, __ F.4th __, 2023 WL 5839282 (4th Cir. Sept. 12, 2023) (Before Circuit Judges Richardson, Quattlebaum, and Heytens)

One of the thorniest issues in ERISA litigation is what ERISA § 502(a)(3) means when it says a benefit plan beneficiary can sue for “other appropriate equitable relief.” What

Gimeno v. NCHMD, Inc., No. 21-11833, __ F.4th__ 2022 WL 2309436 (11th Cir. Jun. 28, 2022) (Before Circuit Judges Pryor, Rosenbaum, and Brasher). 

Today’s case of the week goes where many cases have gone before in answering in the affirmative the straightforward question: “Does [ERISA Section 502(a)(3)] create a cause of action for an ERISA beneficiary to recover monetary benefits lost due to a fiduciary’s breach of fiduciary duty in the plan enrollment process?”
Continue Reading The Eleventh Circuit Agrees That Surcharge is Available Equitable Relief