Issue: (1) Whether an Employee Retirement Income Security Act (ERISA) plan may enforce an
equitable lien by agreement under Section 502(a)(3) of ERISA where
it has not identified a particular fund that is in the
defendant’s possession and control at the time the
Plan asserts its equitable lien; and (2) whether a discretionary clause in an ERISA
plan mandating that an abuse-of-discretion standard
of judicial review be applied to a Section 502(a)(1)(B)
denial-of-benefits claim is enforceable when the
clause was never disclosed to the participant in any
plan document, as the Second Circuit held here, or
whether the Plan must give participants and
beneficiaries clear notice of such a clause, as the
Seventh Circuit has required. CVSG: 10/07/2013.
“I think always the humor was a means to an end. And the end is, to help folks who don’t live in this world understand why it matters.” Dahlia Lithwick covers the Supreme Court and writes about law more broadly for Slate.com. In this six-part interview, Ms. Lithwick discusses law school, practicing law, and how […]
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Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
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