"The original Rochow disgorgement ruling ... falls outside of this framework, by going far beyond simply the proper use of Amara remedies to fix that problem, and is flawed for this reason alone.... [It] is important ... to remember that this is an outlier decision, one that should not be seen as demonstrating some type of inherent flaw in the Amara equitable remedies rubric which, properly used and confined by judicial development of case law to the purpose of solving the 'harms without a remedy' problem, is instead a valid and appropriate judicial interpretation of ERISA's grant of equitable relief. Rochow, in the end, is best thought of, in its rulings to date, as the McDonald's coffee cup case of ERISA remedies: an example of the need for judicial control over remedies, but not an indictment of the idea of having them."  MORE >>