Employment and Labor Law

Contact: Mark S. Thomas & Robert W. Shaw; Williams Mullen (North Carolina & Virginia, USA)

The U. S. Court of Appeals for the Fourth Circuit continues to build out the boundaries of ERISA’s equitable remedies, which have expanded in the Fourth Circuit in the wake of the U. S. Supreme Court’s decision in CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).

Building on its own post-Amara ruling in McCravy v. Metropolitan Life Insurance Co., 690 F.3d 176 (4th Cir. 2012), the Fourth Circuit decided in Moon v. BWX Technologies, Inc., No. 11-1750 (4th Cir. Dec. 3, 2012) (unpublished), to remand the case to the district court to determine whether the ERISA plaintiff is entitled to equitable relief even though the terms of the plan would not allow a recovery of benefits.

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