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Text of Superseding Ninth Circuit Opinion: District Court Directed to Consider Surcharge as Equitable Remedy Where Benefits Paid in Error (PDF)
U.S. Court of Appeals for the Ninth Circuit 
Dec. 16, 2014 37 pages. "The opinion filed on June 6, 2014 ... is withdrawn. [This] superseding opinion will be filed concurrently with this order.... [B]ecause the district court made its ruling prior to the Supreme Court's decision in CIGNA Corp. v. Amara, the district court did not consider the availability of the 'monetary remedy against a trustee, sometimes called a 'surcharge,' which the Court held may be 'appropriate equitable relief' for purposes of Section 1132(a)(3). Accordingly, we vacate the district court's ruling that Gabriel is not entitled to any form of 'appropriate equitable relief' and remand for the district court to reconsider the availability of surcharge in this case, and, if available, whether Gabriel has adequately alleged a remediable wrong." [Gabriel v. Alaska Electrical Pension Fund, No. 12-35458 (9th Cir. Dec. 16, 2014)] MORE >> |
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