The Evolving State of New Remedies and Equitable Relief Under ERISA 502(a)(3): The Latest Court Decisions Affecting the New Remedies Landscape, the Fallout from Rochow v. LINA, Strategies for Addressing 502(a)(3) Relief Claims, and More

September 16, 2016 10:55am

Anthony F. Shelley
Partner
Miller & Chevalier Chartered

Richard N. Bien
Partner
Lathrop & Gage LLP

Michelle Roberts
Partner
Roberts Bartolic LLP

  • Assessing the ongoing impact of Amara, McCutchen and their progeny on ERISA 502(a)(3) remedies
  • Examining the latest court rulings affecting the new remedies landscape – taking a look at the developing case law
  • Analyzing the 6th circuit en banc decision in Rochow v. LINA – what are the implications of this decision? What has been the fallout from this decision? What does the court’s opinion indicate about the future of recovering disgorged profits as an appropriate form of equitable relief? In what limited circumstances might this be deemed permissible?
  • Best strategies for arguing against monetary damages as a form of ‘equitable relief ’
  • What recovery provisions qualify as clear and specific? When do equitable principles “augment” the plan?
  • Minimizing damages in the wake of Amara
  • How have Amara, McCutchen, Rochow and their progeny changed the remedies landscape from the plaintiff’s viewpoint?
  • What must plaintiffs prove in order to obtain remedies?
  • How have the courts interpreted ‘plan terms’?
  • Can you look to SPDs and other documents?
  • Equitable recoupment of benefit overpayments after McCutchen
  • Current state of ERISA remedies available in fiduciary breach claims – how are the circuits coming down on this? How to handle the litigation of these claims
  • How to strategically address 502(a)(3) relief claims – the pros and cons of addressing them as early as possible via motion to dismiss, versus waiting until the summary judgement phase