Fellow ERISA Blogger's Thoughts on Sereboff
Attorney Brian King, a friend of mine from Utah, shared his thoughts about the recent Sereboff decision on his ERISA blog. Among other things, Brian commented as follows:
Unfortunately, as with so many ERISA decisions, the analysis is muddled, almost incoherent in spots. Sereboff raises many questions. Its purpose was to clarify the law relating to ERISA’s equitable remedies provision but it offers little assistance on that point. It is clear that insurers will be happy with this result. But I pity the circuit and district courts across the country that will try to obtain specific guidance from its language.
I invite you to read his views on this and other ERISA topics here.