Aug 20, 2017

The Supreme Court Gets Closer to Agreeing to Hear Amschwand


Blog Category:
11/17/2008
Brian S. King
Comments (0)

Several months ago I posted a blog entry about a case out of the Fifth Circuit, Amschwand v. Spherion, 505 F.3d 342 (5th Cir. 2007), that illustrated very well the problems with how federal courts were interpreting the remedies available under 29 U.S.C. ยง1132(a)(3). Fortunately, Melissa Amschwand appealed to the Supreme Court. The Supreme Court asked the Solicitor General to provide its comments on whether the Court should grant the petition for certiorari.

ScotusBlog reports that Friday the Solicitor General filed its brief with the Court recommending that Amschwand be accepted for review and urging the Court to reverse the Fifth Circuit and provide meaningful remedies to plan participants and beneficiaries who are seeking "appropriate equitable relief" for breaches of fiduciary duty that cause them monetary loss. The brief, linked to courtesy of ScotusBlog, is well worth the time to read for those interested in this very important area of law under ERISA.

Hopefully, we'll know by the time the Court recesses at the end of next month whether it will agree to hear Amschwand



Category: General

Labels:

There are no comments.

Post a comment

Post a Comment to "The Supreme Court Gets Closer to Agreeing to Hear Amschwand"

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.