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En Banc Sixth Circuit Overturns Equitable Relief Award of $3.7 Million
Squire Patton BoggsLink to more items from this source
Mar. 8, 2015

"The Court's holding can be easily summarized: Absent a showing that the remedy for denial of benefits remedy under 502(a)(1)(B) is inadequate to make plaintiff whole, a recovery under Section 502(a)(3) is unavailable. This decision was animated by concerns that otherwise successful ERISA plaintiffs could collect huge damage awards ... [A] strong dissent from Judge Stranch argues that there the defendant committed two distinct wrongs, allowing for both remedies." [Rochow v. LINA, No. 12-2074 (6th Cir. Mar. 5, 2015)]

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