United States Fifth Circuit

Under ERISA section 502(a)(3), 29 U.S.C. section 1132(a)(3), "other appropriate equitable relief" does not permit 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.

Appellate Information

• Decided 10/18/2007
• Published 10/19/2007

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John M. Zavitsanos, Amir H. Alavi (argued), Ahmad, Zavitsanos & Anaipakos, Houston, TX, for Amshwand.


• For Appellees:
  
• Randall A. Constantine (argued), Mazursky & Dunaway, Atlanta, GA, for Defendants-Appellees.