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Expert Analysis

Is Double Recovery Coming To An ERISA Suit Near You?

Law360, New York (May 19, 2014, 5:55 PM EDT) -- Since the early 1980s, the U.S. Supreme Court has repeatedly recognized that the Employee Retirement Income Security Act does not allow punitive or extracontractual damages.[1] Thus, the relief available under ERISA for an improper denial of benefits has been limited to recovery of the benefits at issue, interest and attorney fees. Now, however, in a first-of-its-kind opinion, a divided Sixth Circuit panel has held that disgorgement of profits earned on improperly denied benefits is available in addition to the benefits, interest and attorney fees....

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