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Sixth Circuit Joins Fourth Circuit in Rejecting Surcharge as Equitable Remedy
Kantor & Kantor
July 23, 2025 "The Sixth Circuit was called upon to answer two questions: [1] whether ERISA preempts the managers' state law contract-based claims; and [2] whether ERISA Section 502(a)(3) ... allows them to seek the value of their lost claims in the form of equitable surcharge. It answered yes to the former question and no to the latter." [Aldridge v. Regions Bank, No. 24-5603 (6th Cir. Jul. 17, 2025)] MORE >> |
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