No. 23-734

Jody Rose, Administratrix of the Estate of Kyree Devon Holman, Deceased v. PSA Airlines, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2024-01-08
Status: Denied
Type: Paid
Tags: circuit-split civil-rights due-process equitable-remedies erisa fiduciary-duty monetary-remedies statutory-interpretation
Key Terms:
Arbitration ERISA
Latest Conference: 2024-04-12
Question Presented (from Petition)

Are non-tracing monetary remedies (e.g., surcharge) available under 29 U.S.C. § 1132(a)(3) to ERISA plan participants and beneficiaries asserting breach of fiduciary duty claims against plan fiduciaries?

Question Presented (AI Summary)

Are non-tracing monetary remedies (e.g., surcharge) available under 29 U.S.C. § 1132(a)(8) to ERISA plan participants and beneficiaries asserting breach of fiduciary duty claims against plan fiduciaries?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-03-22
2024-03-08
Brief of respondents PSA Airlines, Inc. and PSA Airlines, Inc. Group Benefit Plan in opposition filed.
2024-01-29
Motion to extend the time to file a response is granted and the time is extended to and including March 8, 2024, for all respondents.
2024-01-26
Motion to extend the time to file a response from February 7, 2024 to March 8, 2024, submitted to The Clerk.
2024-01-04

Attorneys

Jody Rose
Rachana Ambarish PathakStris & Maher LLP, Petitioner
PSA Airlines, Inc. and PSA Airlines, Inc. Group Benefit Plan
Anton MetlitskyO'Melveny & Myers, LLP, Respondent