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Supreme Court to Decide What Is Required for Equitable Tracing
Seyfarth Shaw LLPLink to more items from this source
Nov. 6, 2015

"Affirmance of the Eleventh Circuit's decision would represent a practical solution to a common problem faced by fiduciaries and plans who attempt to recover from non-fiduciary plan participants or service providers asserting a right to plan benefits based on assignment.... [S]hould the Supreme Court reverse, non-fiduciary recipients of plan funds would be provided with a perverse incentive to spend plan money immediately upon receipt so as to avoid any repayment obligations set forth by plan terms." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; oral arg. sched. Nov. 9, 2015)]

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