5th Circuit: Monetary Damages May Constitute 'Appropriate Equitable Relief'

5th Circuit: Monetary Damages May Constitute 'Appropriate Equitable Relief'

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 19 ruled that surcharge is a potential remedy under the Employee Retirement Income Security Act Section 502(a)(3) for breach of fiduciary duty (Aaron Gearlds, Jr. v. Entergy Services, Incorporated, et al., No. 12-60461, 5th Cir.).

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