For years, employers have been getting a free pass from the courts for a number of different violations of the Employee Retirement Income Security Act of 1974 ("ERISA") relating to the operation of retirement, medical, disability and other employee benefit plans. The Internal Revenue Service and the U.S. Department of Labor have been vigilant in enforcing ERISA against the individuals in control of employee benefit plans, called fiduciaries. However, the courts have not been providing relief for many fiduciary breaches, thanks to their very narrow interpretation of remedies under ERISA. However, the U.S. Supreme Court now appears to be moving in a different direction.

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