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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