Jenner & Block

“Equitable Relief under ERISA Following Amara,” Employee Relations Law Journal

In this article, Jenner & Block Partners Craig C. Martin and Amanda S. Amert explain that the US Supreme Court’s 2011 decision in Cigna v. Amara put a spotlight on ERISA’S equitable remedies.  At the time, many predicted that Amara would meaningfully expand the remedies available for fiduciary breach.  But, in the six years since the decision, “the change in the total universe of equitable remedies available under ERISA has been small,” they observe.  They detail the background of Amara and highlight three circuit court cases that occurred in the aftermath of the ruling.  The authors conclude that “although some courts, most notably the Fourth Circuit, have heralded the Amara decision as something of a sea change, most have not rushed to expand the scope of relief available.”