Dallas Fort Worth Insurance Lawyer Blog
Lawyers who handle claims related to the Employee Retirement Income Security Act of 1974 know how hard this cases can be. Unlike other types of claims, such as personal injury, auto wrecks, on the job injury, and medical malpractice, under ERISA, a prevailing claimant is only entitled to actual benefits and in some situations, attorney fees. Those other types of claims will generally have attorneys bragging and boasting about the excellent work they did on behalf of their client. This is illustrated by large recoveries that go beyond the actual medical bills or lost wages. There are punitive damages and damages related to intangibles such as pain and suffering and mental anguish, impairment, disfigurement, etc.
The Northern District of Texas, Dallas Division issued an opinion in June 21, 2022, that opened the door for “equitable relief” for a claimants. While that remedy has long been available, it is rare to see it occur.
The opinion is styled, David Corsaro v. Columbia Hospital At Medical City Dallas Subsidiary LP, et al.
This is an opinion based on the Defendant’s Rule 12(b)(6) motion to dismiss.
Claims for equitable relief are found in ERISA section 502(a)(3) also, 29 U.S.C., Section 1132(a)(3).
The fact situation in this case is unique and the opinion needs to read the opinion to understand the basis for the court ruling in favor of Corsaro to allow him to pursue equitable relief remedies.