60 pages. "Section 502 (a)(3) of ERISA authorizes 'equitable relief.'... Here, there is no thing against which Respondent is enforcing a right; the tort proceeds are gone. What Respondent instead seeks to impose is personal liability for a contractual obligation to pay money. That is not equitable relief. It is a claim for damages -- the most classic form of legal relief. The equitable remedy that Respondent requested in its complaint, an equitable lien by agreement, does not change the legal nature of Respondent's actual claim." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; cert. pet. granted Mar. 30, 2015)]  MORE >>