Legal Opinion
Amschwand v. Spherion Corp.
Court of Appeals for the Fifth Circuit
Decided October 18, 2007No. 06-20346PublishedCited by 36 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:
This appeal addresses whether, under ERISA § 502(a)(3), 29 U.S.C. § 1132(a)(3), “other appropriate equitable relief’ permits recovery of extracontractual, or “make-whole,” damages in the form of payment of life insurance benefits that would have accrued to a plan beneficiary but for a plan fiduciary’s breach of fiduciary duty. Constrained by the Supreme Court’s decision in Great-West Life & Annuity Insurance Co. v. Knudson, 534 U.S. 204, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002), we must deny relief.
I. BACKGROUND
During Mr. Amschwand’s medical leave for a bout with…
2Cases cited22 opinions
- Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Sereboff v. Mid Atlantic Medical Services, Inc.Supreme Court of the United States · 2006
17 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Aaron Gearlds, Jr. v. Entergy Services, IncorporatCourt of Appeals for the Fifth Circuit · 2013
- Kenseth v. DEAN HEALTH PLAN, INC.Court of Appeals for the Seventh Circuit · 2010
- Alexander Menkes v. Prudential Insurance Co of AmeCourt of Appeals for the Third Circuit · 2014
- Debbie McCravy v. Metropolitan Life Insurance CoCourt of Appeals for the Fourth Circuit · 2012
- Bilyeu v. Morgan Stanley Long Term Disability PlanCourt of Appeals for the Ninth Circuit · 2012
31 more not listed; retrieve them via the Exa API.