Tuesday, March 31, 2015

SCOTUS Grants Cert in ERISA Case

Yesterday, the Supreme Court granted certiorari in Montanile v. Bd. of Trustees of the National Elevator Industry Health Benefit Plan. Per the Petition, the Court will resolve a circuit split on the following question:
Does a lawsuit by an ERISA fiduciary against a participant to recover an alleged overpayment by the plan seek “equitable relief” within the meaning of ERISA section 502(a)(3), 29 U.S.C. § 1132(a)(3), if the fiduciary has not identified a particular fund that is in the participant’s possession and control at the time the fiduciary asserts its claim?
I'm gonna go ahead and guess this case will not make for good dinner party conversation.

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