Calhoon v. Trans World Airlines, Inc.

400 F.3d 593, 2005 WL 544816
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 9, 2005
DocketNo. 04-2070
StatusPublished
Cited by17 cases

This text of 400 F.3d 593 (Calhoon v. Trans World Airlines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Calhoon v. Trans World Airlines, Inc., 400 F.3d 593, 2005 WL 544816 (8th Cir. 2005).

Opinion

WOLLMAN, Circuit Judge.

Charles Calhoon and the members of his family appeal from the district court’s1 order that concluded that the relief the Calhoons seek is not “other appropriate equitable relief’ within the meaning of section 502(a)(3) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(3)(B), and dismissed the claim with prejudice. We affirm.

I.

Calhoon worked for Trans World Airlines, Inc. (TWA) for several years while living in Alton, Illinois, with his wife and two children. In October 1997, Calhoon’s wife, children and mother were involved in a serious car accident that resulted in severe injuries to Calhoon’s son, who remained in a coma for several months. Cal-hoon left his job with TWA and moved his family to Colorado in May 2000. He intended to purchase continuing health coverage for his family with TWA’s continuation health benefits program, governed by the Consolidated Omnibus Budget Reconciliation Act (COBRA) and ERISA. The Taben Group, L.C. (Taben), an employee benefits consulting firm hired by TWA to administer its COBRA program, sent Cal-hoon documents for continuation coverage enrollment the month after his employment ended. Although the package was sent to the Calhoons’ former Illinois address, it was forwarded to their address in Colorado. Calhoon contacted Taben, made the first payment, and informed a Taben representative by telephone of his new address. He never received additional payment coupons, which were still sent to his former address, and he failed to pay the additional premiums to continue coverage. The coverage was then cancelled and, unaware of the default, the family accumulated substantial medical bills.

The Calhoons filed a complaint in district court against TWA, Aetna Life Insurance Company, Inc. (the company that [596]*596provided claims processing services for the TWA plans), and Taben, seeking reimbursement for .the medical bills and costs that would have been covered by the COBRA plan had their participation not been terminated, less the applicable premiums that the Calhoons would have paid. After a delay due to the bankruptcy and dissolution of TWA and its benefits plans, the district court addressed the remaining claims against Aetna and Taben. The court noted that, because the Calhoons were no longer members of the plan, their only avenue for relief was to pursue equitable relief under 29 U.S.C. § 1132(a)(3). D. Ct. Order of Jan. 5, 2004, at 10. The court granted summary judgment for Aet-na on all claims, finding that it was neither the plan nor a plan administrator and was not involved in the cancellation of the Cal-hoons’ COBRA benefits. Id. at 11. The court allowed the plaintiffs to proceed to trial against Taben, an ERISA fiduciary, for equitable relief under 29 U.S.C. § 1132(a)(3)(B). Id. After a bench trial, the district court concluded that the Cal-hoons could not recover under ERISA because the relief they, sought was not “appropriate equitable relief’ within the meaning of section 1132(a)(3)(B). D. Ct. Order of Mar. 26, 2004, at 5. The district court then dismissed with prejudice the claim against Taben. Id. at 6.

II.

The Calhoons assert that the restitution of medical bills and costs that they seek constitutes “appropriate equitable relief’ under 29 U.S.C. § 1132(a)(3)(B). They claim that they will be “made whole” only if they receive the benefits that would have bfeen paid under the plan if not for the claimed breach of fiduciary duty. We review de novo issues involving the interpretation of ERISA. Parke v. First Reliance Standard Life Ins. Co., 368 F.3d 999, 1006 (8th Cir.2004). We conclude that the Calhoons’ claim for monetary relief is precluded by Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204, 122 S.Ct. 708, 151 L.Ed.2d 635 (2002).

Beneficiaries of ERISA plans may sue for breaches of fiduciary duties under 29 U.S.C. § 1132(a)(3), but the remedies they may seek in such an action are limited by the language of the statute to traditionally available equitable remedies. Kerr v. Charles F. Vatterott & Co., 184 F.3d 938, 944 (8th Cir.1999). The remedy of restitution may be either legal or equitable, depending on “ ‘the basis for [the plaintiffs] claim’ and the nature of the underlying remedies sought.” Id. at 213, 122 S.Ct. 708 (quoting Reich v. Continental Casualty Co., 33 F.3d 754, 756 (7th Cir.1994) (alteration in original)).

Monetary relief in the form of restitution may be considered equitable only if it “seek[s] not to impose personal liability on the defendant, but to restore to the plaintiff particular funds or property in the defendant’s possession.” Great-West, 534 U.S. at 214, 122 S.Ct. 708. Constructive trusts and equitable hens are the most common forms of restitution in equity. Id. at 213, 122 S.Ct. 708. Monetary damages that are compensatory in nature are traditionally considered to be legal relief because they “focus on the plaintiffs losses and seek to recover in money the value of the harm done” to the plaintiff instead of punishing “the wrongdoer by taking his illgotten gains.” Kerr, 184 F.3d at 944; see also Gallery v. United States Life Ins. Co., 392 F.3d 401, 406 (10th Cir.2004).

In determining whether the nature of the monetary relief sought is equitable or legal, we ask whether the value of the harm done that forms the basis for the damages is measured by the loss to the plaintiff or the gain to the defendant, see [597]*597Kerr, 184 F.3d at 944, and whether the money sought is specifically identifiable “as belonging in good conscience to the plaintiff’ and can “clearly be traced to particular funds or property in the defendant’s possession.” Great-West, 534 U.S. at 213, 122 S.Ct. 708.

Specific funds are traceable when one party overpays and sues under ERISA to recover the specific amount that was overpaid into a particular account. N. Am. Coal Corp. Ret. Sav. Plan v. Roth, 395 F.3d 916, 917 (8th Cir.2005) (per curiam); but see Rego v. Westvaco Corp., 319 F.3d 140, 145 (4th Cir.2003) (noting that, although the plaintiff received a lower asset valuation because he was paid his share of the savings plan on a different date than requested, no clearly traceable funds remained in the defendants’ possession).

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Charles Calhoon v. Trans World Airlines, Inc.
400 F.3d 593 (Eighth Circuit, 2005)

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400 F.3d 593, 2005 WL 544816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoon-v-trans-world-airlines-inc-ca8-2005.