: : Plan Prevails On Participant’s Challenge to Recoupment By Administrative Offset Of Benefit Payments

502(A)(1)(B) Claim for Benefits / 502(a)(3) / Equitable Remedies / Overpayments / Practice Tips

The Court is obliged to dismiss this action because Plaintiff has ultimately pleaded himself out of court. . . . Notably, Defendant has not pleaded that Plaintiff, in seeking to recoup and recouping the overpayments, …

: : Fourth Circuit Reinstates Claims Against Claims Administrator and Vendor Based Upon Undisclosed Bundling of Fees

502(a)(3) / Equitable Remedies / Fiduciary Liability / Standing

The district court erred in granting summary judgment to Aetna, as Peters produced sufficient evidence for a reasonable factfinder to conclude that Aetna was at least a functional fiduciary under ERISA and breached its corresponding …