289 F.R.D. 357
M.D. Fla.2012Background
- Plaintiff, employed by BayCare Health Care System, purchased disability insurance through Defendant-sponsored Plan.
- Defendant paid short-term disability benefits through February 25, 2011, then discontinued long-term benefits under the ERISA plan.
- Plaintiff filed for long-term disability benefits; the claim was denied by Defendant after multiple appeals, exhaustively pursued administratively.
- Plaintiff seeks relief under ERISA § 1132(a)(1)(B) for benefits, plus attorney’s fees under § 1132(g), costs, and any other appropriate equitable relief.
- Defendant moved to Strike the language seeking “any other equitable relief.”
- Court denies Defendant’s motion to strike, allowing potential equitable relief theories to remain under § 1132(a)(1)(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May plaintiff plead additional equitable relief under § 1132(a)(3) with § 1132(a)(1)(B) in the same count? | Katz permits equitable relief theories within § 1132(a)(1)(B) claims. | Varity and Cheal foreclose alternative equitable relief if adequate relief exists elsewhere. | Permissible within the same count; not barred at pleadings stage. |
| Should the court strike the phrase ‘any other equitable relief’ at this stage? | Language is permissible and may be pursued as equitable relief depending on evidence. | Language is redundant/impertinent and should be struck to clean up pleadings. | Denied; motion to strike is improper at pleading stage. |
Key Cases Cited
- Cheal v. Life Insurance Co. of North America, 330 F.Supp.2d 1347 (N.D.Ga.2004) (where Congress elsewhere provided adequate relief, likely no need for further equitable relief)
- Varity Corp. v. Howe, 516 U.S. 489 (Supreme Court 1996) (if adequate relief exists elsewhere, there is likely no need for further equitable relief)
- Katz v. Comprehensive Plan of Group Insurance, 197 F.3d 1084 (11th Cir.1999) (equitable relief theories may lie within an § 1132(a)(1)(B) claim; discovery stage matters can affect allocation of remedies)
- Reyher v. Trans World Airlines, 881 F.Supp.574 (M.D.Fla.1995) (motions to strike are disfavored; drastic remedy depending on lack of relation to controversy)