Equitable Relief Under Erisa: Supreme Court Allows a Fiduciary to Recover Expenses Paid to a Beneficiary Who Subsequently Recovered Damages From a Third Party in a Tort Action Lawsuit - Sereboff V. Mid Atlantic Medical Services1

American Journal of Law and MedicineVol. 32 Nbr. 4, October 2006

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Summary


Equitable Relief under ERISA: Supreme Court Allows a Fiduciary to Recover Expenses Paid to a Beneficiary Who Subsequently Recovered Damages from a Third Party in a Tort Action Lawsuit - Sereboff v. Mid Atlantic Medical Services1 - The Supreme Court unanimously held that a fiduciary's attempt to recover expenses paid to a beneficiary, who subsequently recovers damages from a third party in a tort action lawsuit, constitutes equitable relief under the Employee Retirement security Act of 1974 ("ERISA"),2 so long as the action is equivalent to the recovery of a contractually-created equitable lien on specifically identifiable funds in the beneficiary's possession.

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Equitable Relief Under Erisa: Supreme Court Allows a Fiduciary to Recover Expenses Paid to a Beneficiary Who Subsequently Recovered Damages From a Third Party in a Tort Action Lawsuit - Sereboff V. Mid Atlantic Medical Services1

Equitable Relief under ERISA: Supreme Court Allows a Fiduciary to Recover Expenses Paid to a Beneficiary Who Subsequently Recovered Damages from a Third Party in a Tort Action Lawsuit - Sereboff v. Mid Atlantic Medical Services1 - The Supreme Court unanimously held that a fiduciary's attempt to recover expenses paid to a beneficiary, who subsequently recovers damages from a third party in a tort action lawsuit, const...

See the full content of this document

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