This month, we examine the requirements of the equitable surcharge remedy, recently recognized by the Supreme Court in CIGNA v. Amara as an appropriate vehicle for the recovery of monetary relief for breach of fiduciary duty. We also review the decision in Bacon v. Stiefel Laboratories, denying class certification because recovery depended on an individualized showing of reliance. The Florida district court's decision in Stiefel provides a roadmap for defending against class claims.  MORE >>