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William D. Frumkin, a partner at Sapir & Frumkin, writes that the long-standing notion that plaintiffs would be entitled to back pay under ERISA �510, in accordance with the view that �502(a)(3) permitted make-whole remedies to sound in restitution, has recently been subject to attack by the Tenth Circuit and lower courts throughout the country, including the Southern District of New York.
April 30, 2008 at 12:00 AM
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