Apparent authority is the power of an agent to act on behalf of a principal, even though not expressly or impliedly granted. This power arises only if a third party reasonably infers, from the principal's conduct, that the princip
Under the Employee Retirement Income Security Act (ERISA), is it “appropriate equitable relief” for an ERISA fiduciary to sue a beneficiary for reimbursement of an alleged overpayment if the fiduciary does not identify specific funds to recover?
The Supreme Court will determine whether it is “appropriate equitable relief” under the Employee Retirement Income Security Act of 1974 (ERISA) to require a person to reimburse his benefits plan for medical expenses even though his settlement proceeds are dissipated. See Brief for Petitioner, Robert Montanile at i. ERISA governs the administration of private pension funds. ERISA section 502(a)(3) provides that “[a] civil action may be brought . . . by . . . [a] fiduciary . . . to obtain . . . appropriate equitable relief.” See 29 U.S.C. § 1132(a)(3). Robert Montanile received a $500,000 settlement in connection with injuries he sustained when he was in an accident with a drunk driver. Pursuant to an agreement, the Board of Trustees (the “Board”) of Montanile’s insurance plan sought to recover $120,044.02 from the settlement proceeds to reimburse the plan for covering Montanile’s medical expenses. When the parties were unable to settle, the Board sued Montanile under section 502(a)(3). But Montanile argues that reimbursement is not an appropriate equitable remedy here, because his settlement fund has been dissipated and an equitable lien by agreement can only be enforced against identifiable property and not Montanile’s general assets. See Brief for Petitioner at 29-32. The Board maintains that reimbursement is appropriate equitable relief, because the insurance plan has a reimbursement provision requiring Montanile to repay medical expenses. See Brief for Respondent, Board of Trustees of the National Elevator Industry Health Benefit Plan at 19. The Board contends that dissipation of the settlement fund does not nullify the insurance plan’s reimbursement provision. See id. The Court’s decision in this case could change benefit plans’ method of reimbursement and may cause beneficiaries to incur additional costs. See Brief of Amicus Curiae National Coordinating Committee for Multiemployer Plans, in Support of Respondent at 9-10, 12-15.
Does a lawsuit by an Employee Retirement Income Security Act (ERISA) fiduciary against a participant to recover an alleged overpayment by the plan seek “equitable relief” within the meaning of ERISA §502(a)(3), 29 U.S.C. § 1132(a)(3), if the fiduciary has not identified a particular fund that is in the participant’s possession and control at the time the fiduciary asserts its claim?
On December 1, 2008, a drunk driver injured Robert Montanile in a car accident. See Bd. of Trs. of the Nat’l Elevator Indus. Health Benefit Plan v. Montanile, 593 Fed. Appx. 903, 906 (U.S. App. 2014). Montanile suffered injuries to his neck and lower back that required surgery and other medical care.
