Synopsis: A recent decision of the federal district court for the Southern District of New York warns ERISA fiduciaries that even innocent mistakes that do not misuse plan assets or unjustly enrich the fiduciaries can cause...more
8/5/2019
/ Breach of Duty ,
Clerical Errors ,
Damages ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equitable Surcharge ,
Fiduciary Duty ,
Plan Administrators ,
Plan Documents ,
Summary Plan Description
It’s a common fact pattern. A plan participant is injured and received benefits for treatment of his injuries. The participant then sues a third party for damages based on his injuries. The plan then seeks to recover a...more