The story of Melissa Amschwand's losing effort to obtain a remedy for Spherion's breach of fiduciary duty received a bit of front page news coverage yesterday from the Associated Press. Given the large number of people receiving employee benefits that fall under ERISA, tens of millions of folks, this type of miscarriage of justice will happen regularly until Congress or the Supreme Court fixes the statute. I'm not holding my breath for the judicial branch in light of the many opportunities the Supreme Court has passed by culminating with Amschwand's petition for writ of certiorari being denied last month.
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- Posted on 09/24/2010 Testimony of Judge William Acker Before Senate Finance Committee
- Posted on 09/18/2010 DeBofsky Senate Testimony
- Posted on 01/05/2010 Preliminary Injunction in C/HCA, et. al., v. Regence Blue Cross Blue Shield of Utah