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Expert Analysis

ERISA Litigation Takes A Plaintiff-Friendly Turn

Law360, New York (August 5, 2016, 11:09 AM EDT) -- Traditionally, litigation involving employee benefit plans has often been viewed as skewing in favor of defendants, who are most often the sponsors and fiduciaries of those plans. There are valid reasons for that perception. The Employee Retirement Income Security Act itself provides no basis for plaintiffs to recover punitive damages and the courts have consistently held that remedies not expressly provided for by the statute are not available.[1]...

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