Executor Is Not Entitled To Equitable Relief Under ERISA, Federal Judge Rules

Executor Is Not Entitled To Equitable Relief Under ERISA, Federal Judge Rules

LYNCHBURG, Va. - An executor of a decedent's estate is not permitted leave to amend her complaint because the equitable remedies of reformation and surcharge are not available against the defendants, who were not fiduciaries under the Employee Retirement Income Security Act, a federal judge in Virginia ruled July 9 on remand (Judy L. Moon, et al. v. BWX Technologies, Inc., et al., No. 6:09-cv-00064, W.D. Va.; 2013 U.S. Dist. LEXIS 95626).

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