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Is Double Recovery Coming to an ERISA Suit Near You? (PDF)
Alston & Bird LLP Link to more items from this source
May 22, 2014
"Since 1996, it has been generally understood that equitable relief under ERISA Section 502(a)(3) is not appropriate if ERISA otherwise provides a specific remedy.... Under the Rochow approach, however, every single benefits claim, no matter how routine, would come with an additional claim for disgorgement. Furthermore, applying the Rochow majority's disgorgement calculation methodology could result in multimillion dollar awards to many, if not most claimants, who can establish that benefits were improperly withheld." [Rochow v. Life Insurance Company of America, No. 12-2074 (6th Cir. Dec. 6, 2013); rehearing granted Feb. 19, 2014, oral argument scheduled for June 18, 2014]

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