Thinking ESOPs: Fourth Circuit Narrows Equitable Relief Under ERISA

In Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023), the U.S. Court of Appeals for the Fourth Circuit held that ERISA § 502(a)(3), which permits a claim for “other appropriate equitable relief,” does not allow claims to recover money from a defendant’s general assets. This alert discusses the Rose decision and its potential impact on ESOP cases.

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About Author: Rick Pearl

A trusted authority on ERISA matters, Richard Pearl is passionate about representing trustees, plan sponsors, boards of directors, shareholders and service providers in high-stakes and complex ERISA matters. Rick has earned national recognition for his thought leadership, particularly in employee stock ownership plan (ESOP) litigation matters. He has an extensive knowledge of ERISA legislative history and complex issues. View all posts by

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