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Ninth Circuit: Equitable Estoppel Cannot Be Used to Contradict Express Terms of ERISA Plan
Kantor & Kantor 
June 17, 2021 "If the appraiser had overvalued the shares during his appraisal, applying equitable estoppel would require the payment of greater than the fair market value of the shares -- which is forbidden by the plan. Thus, whether a plaintiff or defendant, the court held a party cannot use equitable estoppel to contradict the express terms of an ERISA plan in litigation with the plan." [Wong v. Flynn-Kerper, No. 19-56289 (9th Cir. Jun. 7, 2021)] MORE >> |
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