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ERISA, Equitable Relief and the 'Equitable Lien by Agreement'
For Your Benefit
May 31, 2006
Excerpt: The Supreme Court's recent unanimous decision in Sereboff v. Mid Atlantic Medical Services, Inc. may have restored to ERISA plan participants the ability to obtain meaningful relief for certain fiduciary breaches. Although Sereboff involved the claims of a fiduciary against a participant for reimbursement of plan-paid medical expenses, plan participants can use the same logic to advance their own claims against plan fiduciaries.
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