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Disgorgement Claims Continue to Confound Courts in ERISA Class Actions
Jackson Lewis P.C. 
Mar. 22, 2017
"Courts continue to be split over the availability of disgorgement and 'accounting for profits' in ERISA class actions involving in-house investment plans.... [In] some of these cases, the reason for the dismissal appears to turn on fiduciary status.... As [one] court explained, accounting and disgorgement claims are claims for equitable relief, but claims seeking these remedies against non-fiduciary parties are generally considered legal (i.e., not equitable) claims. As a result, the court required tracing."
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