Supreme Court Commentaries
Jurisdiction, Judicial Review
Constitutional Law | Law
This commentary previews an upcoming Supreme Court case, US Airways v. McCutchen, in which the Court will decide whether courts are permitted to use equitable principles to rewrite contractual language for benefit plans under ERISA. In so doing, the Court must decide whether to give effect to the Third Circuit's holding, that ERISA does permit this use of equitable principles, which runs contrary to the majority of circuits.
Ravi Patel, In All Fairness: US Airways v. McCutchen and the Use of Equitable Defenses in ERISA Reimbursement Claims, 8 Duke Journal of Constitutional Law & Public Policy Sidebar 139-154 (2013)