Pension Plan Participants Seek High Court’s Review Of Equitable Remedy Ruling

(April 18, 2019, 6:16 PM EDT) -- WASHINGTON, D.C. — Participants in a pension plan filed a petition for writ of certiorari on April 4 in the U.S. Supreme Court, arguing that review of the District of Columbia Circuit U.S. Court of Appeals’ decision on whether equitable remedies other than disgorgement might be available on the participants’ breach of fiduciary duty claim is warranted because the decision conflicts with those of other circuits and has the effect of prohibiting a participant’s right to gains earned on a terminated plan’s assets after termination (K. Wendell Lewis, et al., v. Pension Benefit Guaranty Corp., No. 18-1279, U.S. Sup.)....