LeBlanc v. Cahill

2 Citing briefs

  1. Perez v. Chimes District of Columbia, Inc. et al

    RESPONSE in Opposition re MOTION to Dismiss for Failure to State a Claim

    Filed May 16, 2016

    Filed 05/16/16 Page 14 of 21 15 Compelling a third party to disgorge profits in connection with a fiduciary breach is an appropriate equitable remedy under ERISA, see LeBlanc v. Cahill, 153 F.3d 134, 152-53, which does not require an equitable tracing of specific trust assets, see Iola, 700 F.3d at 101. The Secretary is authorized to pursue a civil action to enjoin any act or practice which violates any provision of ERISA and to obtain other appropriate equitable relief, see 29 U.S.C. § 1132(a)(5), including an “accounting for profits” to disgorge the financial gains stemming from a breach of duty.

  2. In Re: Bank of New York Mellon Corporation Foreign Exchange Transactions Litigation

    MEMORANDUM OF LAW in Opposition re: 427 MOTION to Dismiss in Part the Second Amended Class Action Complaint. . Document

    Filed August 18, 2014

    (SAC ¶¶ 3, 11). LeBlanc v. Cahill, 153 F.3d 134, 152 (4th Cir. Va. 1998); Quint v. Freda, No. 98-civ-4285 DLC, 1999 WL 65045, 7-8 (S.D.N.Y. Feb. 10, 1999) (recognizing nonfiduciary party in interest liability under ERISA §§ 406(a), (b)). The nonfiduciary party in interest liability remains pled.