United States Fourth Circuit

An ERISA plaintiff's requested specific performance, in the form of the issuance of stock for purported fiduciary breaches, was not fairly classifiable as equitable relief under 29 U.S.C. section 1132(a)(3). Plaintiff was not entitled to recover the differences between two valuations based on alleged misinformation.

Appellate Information

• Argued 12/03/2002
• Decided 02/10/2003
• Published 02/10/2003

Judges

• Before WILKINSON, Chief Judge, KING, Circuit Judge, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John David James, Smith, James, Rowlett & Cohen, L.L.P., Greensboro, North Carolina, for Appellant.  Wood Walter Lay, Hunton & Williams, Charlotte, North Carolina, for Appellees.   ON BRIEF:  Patricia K. Epps, Michael L. Walton, Hunton & Williams, Richmond, Virginia, for Appellees.