Yesterday, the Sixth Circuit issued its en banc decision in Rochow v. Life Insurance Company of North America, No. 12-2074. The original panel decision (which we previously discussed here) held that an ERISA plaintiff could recover under Section 502(a)(3), which allows for “appropriate equitable relief,” in addition to receiving his benefits under Section 502(a)(1)(B). The … Continue Reading
On Friday, the Sixth Circuit granted en banc review of Rochow v. Life Insurance Company of North America, 737 F.3d 415 (6th Cir. 2013), a controversial decision holding that a ERISA plaintiff that already recovered his benefit under Section 502(a)(1)(B) could also recover for unjust enrichment under Section 502(a)(3). The benefit in this case was … Continue Reading
