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Williams Mullen: Supreme Court Holds That Clear Plan Terms Control Equitable Remedies: U.S. Airways Inc. v. McCutchen

By Mark S. Thomas and Robert W. Shaw In U.S. Airways, Inc. v. McCutchen , No. 11-1285 (Apr. 16, 2013) [lexis.com subscribers may access Supreme Court briefs and the opinion for this case] , the U.S. Supreme Court underscored the importance of clearly stated benefit plan terms while also clarifying...

Williams Mullen: Court’s Award Of $3.8 Million Raises Questions About The Scope Of ERISA Remedies

By Mark S. Thomas and Robert W. Shaw The U.S. Court of Appeals for the Sixth Circuit has affirmed an unusually large award of $3.8 million in a case involving the denial of long-term disability benefits. In Rochow v. Life Insurance Company of North America , No. 12-2074 (6th Cir. Dec. 6, 2013) [ enhanced...

Williams Mullen: Supreme Court Holds That Clock for the Appeal of an ERISA Decision Began Running Sooner Than Plaintiff Expected

By Mark S. Thomas and Robert W. Shaw The U.S. Supreme Court has ruled that the plaintiffs, a group of union-affiliated employee benefit funds (the Funds), waited too late to give notice of their appeal from the trial court’s judgment on the merits of their case seeking payment of employer contributions...

Williams Mullen: Court Holds ERISA Plaintiff Can’t Claim Equitable Remedies When They Have Adequate Remedies to Recover Plan Benefits, Notwithstanding the Expansion of the Kinds of Equitable Relief in CIGNA Corp. v. Amara

By Mark S. Thomas and Robert W. Shaw A federal court has ruled that, although a recent U. S. Supreme Court decision expanded the kinds of equitable remedies available to a plaintiff under ERISA § 502(a)(3), those remedies are still unavailable when the ERISA plaintiff has an adequate remedy to...