Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Retirement Plan Administrator

Nicholas Pension Consultants
(Remote / Corona CA / Rancho Cordova CA)

Nicholas Pension Consultants logo

Quality Assurance Manager

Nova 401(k) Associates

Nova 401(k) Associates logo

Retirement Plan Analyst/Administrator

Compensation Strategies Group, Ltd.
(Remote / Beaumont TX)

Compensation Strategies Group, Ltd. logo

Education Consultant

(Remote / Putnam Valley NY)

Pentegra logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile App image LinkedIn icon
Twitter icon
Facebook icon

<< Previous news item   |   Next news item >>

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)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2022, Inc.