United States Third Circuit

In a matter arising under section 502(a)(3) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1132(a)(3), which authorizes suits by a pension plan beneficiary to enjoin any act or practice that violates ERISA, "to obtain other appropriate equitable relief . . . to redress such violations," or to enforce any provision of ERISA or the terms of a pension plan, alleging that plaintiff's father, as trustee of the Plan, breached his fiduciary duties by covertly investing Plan assets in the corporate bonds of struggling companies owned and controlled by plaintiff's brother, the district court's judgment in favor of defendant is affirmed where: 1) plaintiff's has no standing to seek monetary equitable relief such as disgorgement or restitution under ERISA;. and 2) the court properly denied attorney's fees and costs.

Appellate Information

• Decided 07/13/2015
• Published 07/13/2015

Judges

• VANASKIE

Court

• United States Third Circuit

Counsel