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What ERISA Means by 'Equitable': the Supreme Court's Trail of Error in Russell, Mertens & Great-West
Prof. John Langbein via the Social Science Research Network 
Feb. 25, 2003 Working paper; available for downloading from SSRN.com at no cost. Excerpt: This paper explains why and how the Court's interpretation of ERISA remedy law went wrong, beginning with the Court's earlier encounter with the field in Russell (1985).... Congress intended ERISA remedy law to replicate the core principles of trust remedy law in the regulation of pension and benefit plans, including the long-familiar make-whole standard of trust remedy law. MORE >> |
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