Over the last decade, the Supreme Court has issued several opinions interpreting the scope of liability and available relief under �502(a)(3) of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. ��1001-1961 (“ERISA”).
Throughout this period, lower courts have struggled to give texture and meaning to �502(a)(3) which allows participants, beneficiaries or fiduciaries to seek “other appropriate equitable relief” for breaches of fiduciary duty and other statutory violations and the meaning of “appropriate equitable relief” has become one of the critical issues that dominates much of ERISA litigation. On Jan. 8, 2002, in Great-West Life & Annuity Ins. Co. v. Knudson, 122 S.Ct. 708 (2002), the United States Supreme Court clarified the statutory authorization of “other appropriate equitable relief” and provided a framework for evaluating claims brought pursuant to �502(a)(3).
