United States Second Circuit
Central States, Southeast & Southwest Areas Health & Welfare Fund v. Gerber Life Ins. Co., 13-4834
READ
In this Employment Retirement Income Security Act (ERISA) action in which plaintiff ERISA plan asserts claims for injunctive relief and restitution under ERISA section 502(a)(3) to recover payments made to cover injured students, judgment in favor of defendant insurance company is affirmed, where: 1) it is undisputed that if the relief sought by plaintiff is legal relief then it cannot succeed under section 502(a)(3); 2) here, because the settlement funds were held by a special needs trust and not the beneficiary, the money that plaintiff was seeking could not be traced to particular funds or property in the defendant's possession, and thus plaintiff could not satisfy the tracing requirement for equitable relief; and 3) plaintiff's claims therefore seek legal, not equitable, relief.
Appellate Information
- Decided 11/14/2014
- Published 11/14/2014
Judges
- Parker
Court
- United States Second Circuit