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Fifth Circuit Rejects Claim for Death Benefits As Impermissible Attempt to Recovery Money Damages
Health Plan Law 
Oct. 23, 2007
Excerpt: Amschwand ex rel. Estate of Amschwand v. Spherion Corp. epitomizes the quandary created by the approach taken in ERISA jurisprudence by the federal judiciary. In this case, a widow of deceased plan participant brought suit against his employer for loss of life insurance benefits caused by employer's breach of fiduciary duty. As noted by in the concurring opinion of Judge Benavides, the outcome of the case was unpalatable not only for the plaintiff, but perhaps for the court as well.
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