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The Sixth Circuit Vindicates the Fourth and Eleventh
National Law ReviewLink to more items from this source
Mar. 16, 2015

"Ever since Cigna v. Amara ... some members of the plaintiff's bar found a renewed interest in tagging on a claim for equitable relief when seeking employee benefits under ERISA Section 502(a)(1)(B).... In the district courts of the Fourth and Eleventh Circuit, defendants consistently won this battle ... However ... [they] often were required to address Rochow v. LINA (6th Cir. 2013), a Sixth Circuit outlier showing up in the claimants' opposition briefs.... Over one year later, the [en banc Sixth Circuit] vacated the panel's earlier decision, relying upon the authority that seemed clear under Varity and its progeny that the plaintiff's claim for benefits was adequate relief, making the ERISA Section 502(a)(3) claim duplicative and inappropriate[.]" [Rochow v. LINA, No. 12-2074 (6th Cir. Mar. 5, 2015)]

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