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- Title
Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel to HMOs' Impenetrable ERISA Shield.
- Authors
Johnson, Charlotte
- Abstract
The article discusses how the damages claimed by Associate Justice Ruth Bader Ginsburg for the breach of fiduciary duty under the Employee Retirement Income Security Act (ERISA) in the context of health maintenance organizations (HMOs) may fare before the U.S. Supreme Court. It provides an overview of ERISA and its application in HMO liability. It describes the significant case history, in which Justice Antonin Scalia and Justice John Paul Stevens clashed on the issue of what sort of remedies ERISA provides.
- Subjects
UNITED States; FIDUCIARY liability; GINSBURG, Ruth Bader, 1933-2020; RETIREMENT income laws; HEALTH maintenance organizations; UNITED States. Supreme Court; SCALIA, Antonin, 1936-2016; STEVENS, John Paul, 1920-2019
- Publication
Brigham Young University Law Review, 2006, Vol 2006, Issue 6, p1589
- ISSN
0360-151X
- Publication type
Article