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Equitable remedies gain favor in ERISA cases

The November 21, 2013 edition of the Los Angeles Daily Journal featured Robert McKennon’s article entitled: “Equitable remedies gain favor in ERISA cases.” In it, Mr. McKennon discusses a significant development in the Employee Retirement Income Security Act of 1974 (ERISA) in the last couple of years. This significant development is due to the 2011 U.S. Supreme Court decision in Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011). In that case, the Supreme Court indicated a shift away from the federal courts aversion to the granting of equitable remedies in ERISA cases, especially equitable estoppel. The Seventh and Fourth Circuit Courts have started a trend in applying equitable estoppel claims by both plan participants and beneficiaries. The article is posted here with the permission of the Daily Journal.

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