Reich, LABR v. Rowe

TORRUELLA, Circuit Judge.

We address in this case whether the civil enforcement provisions of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a)-(l), provide for equitable relief against a nonfidueiary who knowingly participates in a fiduciary breach. This issue comes to us in the shadow of a recent United States Supreme Court-opinion, Mertens v. Hewitt Associates, — U.S. -, 113 S.Ct. 2063, 124 L.Ed.2d 161 (1993), which addressed the availability of remedies against nonfiduciaries under ERISA and concluded, albeit only in dicta, that no cause of action like the one…