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Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan

Docket No.: 14-723
Certiorari Granted: 03/30/15
Argued: November 9, 2015

Topics:

ERISA, equitable relief

PartyNames: Robert Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
Petitioner: Robert Montanile
Respondent: Board of Trustees of the National Elevator Industry Health Benefit Plan

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: 593 Fed.Appx. 903
Supreme Court Docket

Robert Montanile
v.
Board of Trustees of the National Elevator Industry Health Benefit Plan
Question Presented:

This petition presents a single question about the meaning of an important remedial provision of the Employee Retirement and Income Security Act of 1974 ("ERISA"). Eight of the thirteen circuits have squarely and openly disagreed over the question presented. The result is a widely acknowledged 6-2 circuit split. In a recent invitation brief, the United States acknowledged the (then) 5-2 circuit split and endorsed the minority position. Brief for the United States as Amicus Curiae, Thurber v. Aetna Life Ins. Co., 134 S.Ct. 2723 (May 6, 2014) (No. 13-130). The government recommended denial, however, solely on vehicle grounds. Id. at 15-20. The petition was denied. The question presented by this petition is: Does a lawsuit by an ERISA fiduciary against a participant to recover an alleged overpayment by the plan seek "equitable relief" within the meaning of ERISA section 502(a)(3), 29 U.S.C. $ 1132(a)(3), if the fiduciary has not identified a particular fund that is in the participant's possession and control at the time the fiduciary asserts its claim?

Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
ORAL ARGUMENT

November 9, 2015

Listen to Oral Argument in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan
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