mertens hewitt argued february decided june petitioners allege represent class former employees participated kaiser steel retirement plan qualified pension plan employee retirement income security act erisa respondent plan actuary kaiser began phase steelmaking operations prompting early retirement many plan participants respondent failed change plan actuarial assumptions reflect additional retirement costs causing plan funded inadequately eventually terminated petitioners receive benefits guaranteed erisa rather substantially greater pensions due plan respondent liable plan losses nonfiduciary knowingly participated plan fiduciaries breach fiduciary duties district dismissed complaint appeals affirmed held erisa authorize suits money damages nonfiduciaries knowingly participate fiduciary breach fiduciary duty erisa permits plan participants bring civil actions obtain appropriate equitable relief redress violations statute plan assuming arguendo creates cause action nonfiduciaries knowingly assist fiduciary breach duty requiring respondent make plan whole losses sustained constitute appropriate equitable relief petitioners fact seek classic form legal relief compensatory damages held similar language used another statute precludes awarding damages see burke text erisa leaves doubt congress intended equitable relief include types relief typically available equity injunction mandamus restitution given erisa roots law trusts equitable relief theory mean relief available breach trust common law courts equity include relief sought since relief available breach trust obtained equity however interpretation render modifier equitable superfluous reading also deprive meaning distinction congress drew equitable relief remedial legal relief throughout erisa erisa authorizes secretary labor assess civil penalty based monetary recovery actions person knowingly participate breach fiduciary duty given meaningful content without adopting petitioners theory pp affirmed scalia delivered opinion blackmun kennedy souter thomas joined white filed dissenting opinion rehnquist stevens joined post alfred sigman argued cause petitioners brief dan feinberg jeffrey kobrick joseph kociubes ronald mann argued cause amicus curiae urging reversal brief solicitor general starr deputy solicitor general mahoney allen feldman nathaniel spiller mark flynn steven frankel argued cause respondent brief duane quaini elpidio villarreal lawrence connolly iii john ryan steven zaleznick cathy filed brief american association retired persons amicus curiae urging reversal briefs amici curiae urging affirmance filed american academy actuaries lauren bloom american council life insurance james jorden waldemar pflepsen stephen goldberg richard barnsback stephen kraus phillip stano american society pension actuaries chester salkind booke company et al paul ondrasik suzanne meeker ellen hennessy justice scalia delivered opinion question presented whether nonfiduciary knowingly participates breach fiduciary duty imposed employee retirement income security act erisa stat amended et liable losses employee benefit plan suffers result breach according complaint allegations take true petitioners represent class former employees kaiser steel corporation kaiser participated kaiser steel retirement plan qualified pension plan erisa respondent plan actuary kaiser began phase steelmaking operations prompting early retirement large number plan participants respondent however change plan actuarial assumptions reflect additional costs imposed retirements result kaiser adequately fund plan eventually plan assets became insufficient satisfy benefit obligations causing pension benefit guaranty corporation pbgc terminate plan pursuant petitioners receive benefits guaranteed erisa see general substantially lower fully vested pensions due plan petitioners sued fiduciaries failed plan alleging breach fiduciary duties see mertens black per curiam affirming denial summary judgment also commenced action respondent alleging caused losses allowing kaiser select plan actuarial assumptions failing disclose kaiser one clients failing disclose plan funding shortfall petitioners claimed acts omissions violated erisa effecting breach respondent professional duties plan sought inter alia monetary relief opposing respondent motion dismiss petitioners fleshed claim asserting respondent liable erisa fiduciary committed breach fiduciary duties nonfiduciary knowingly participated plan fiduciaries breach fiduciary duties nonfiduciary committed breach nonfiduciary duties imposed actuaries erisa district northern district california dismissed complaint app pet cert appeals ninth circuit affirmed relevant part petitioners sought certiorari question whether erisa authorizes suits money damages nonfiduciaries knowingly participate fiduciary breach fiduciary duty agreed hear case ii erisa observed comprehensive reticulated statute product decade congressional study nation private employee benefit system nachman pension benefit guaranty corporation statute provides persons named fiduciaries benefit plan see also anyone else exercises discretionary control authority plan management administration assets see erisa fiduciary fiduciaries assigned number detailed duties responsibilities include proper management administration investment plan assets maintenance proper records disclosure specified information avoidance conflicts interest massachusetts mut life ins russell see section makes fiduciaries liable breach duties specifies remedies available fiduciary personally liable damages make good plan losses plan resulting breach restitution restore plan profits fiduciary made use assets plan fiduciary equitable remedial relief may deem appropriate including removal fiduciary section second erisa six carefully integrated civil enforcement provisions russell supra allows secretary labor plan beneficiary participant fiduciary bring civil action appropriate relief section described provisions however limited terms fiduciaries appeals decided respondent fiduciary see petitioners contest holding lacking equivalent provisions specifying nonfiduciaries potential defendants damages remedy available petitioners turned authorizes plan beneficiary participant fiduciary bring civil action enjoin act practice violates provision erisa terms plan obtain appropriate equitable relief redress violations ii enforce provisions erisa terms plan note outset far clear even provision make money damages available makes available actions issue authorize appropriate equitable relief large appropriate equitable relief purpose redress ing violations enforc ing provisions erisa erisa plan one suggests term kaiser plan violated enforced requested judgment erisa contains various provisions read imposing obligations upon nonfiduciaries including actuaries provision explicitly requires avoid participation knowing unknowing fiduciary breach fiduciary duty unlikely moreover oversight since erisa explicitly impose knowing participation liability cofiduciaries see limitation appears deliberate light fact knowing participation liability part cotrustees third persons well established common law trusts see scott fratcher law trusts ed hereinafter scott fratcher cotrustees scott fratcher third persons russell emphasized unwillingness infer causes action erisa context since statute carefully crafted detailed enforcement scheme provides strong evidence congress intend authorize remedies simply forgot incorporate expressly notwithstanding petitioners amicus seem assume respondent alleged action inaction violated erisa address arguments almost exclusively forms relief available respondent despite considerable prompting amici expressly disclaims reliance preliminary point see brief respondent tr oral arg thus although acknowledge oddity resolving dispute remedies unclear remediable wrong alleged decide case narrow battlefield parties chosen reserve decision antecedent question petitioners maintain object suit appropriate equitable relief emphasis added however seek remedy traditionally viewed equitable injunction restitution appeals held restitution unavailable see petitioners challenged although often dance around word petitioners fact seek nothing compensatory damages monetary relief losses plan sustained result alleged breach fiduciary duties money damages course classic form legal relief curtis loether teamsters terry dobbs remedies though never interpreted precise phrase appropriate equitable relief construed similar language title vii civil rights act amendments equitable relief deems appropriate preclude awards compensatory punitive damages burke petitioners assert however reading equitable relief fails acknowledge erisa roots common law trusts see firestone tire rubber bruch lthough beneficiary action recover losses resulting breach duty superficially resembles action law damages solicitor general suggests relief traditionally obtained courts equity therefore definition equitable relief brief amicus curiae true common law courts equity exclusive jurisdiction virtually actions beneficiaries breach trust see lessee smith mccann scott fratcher also true money damages available courts trustee see mitchell bogert bogert law trusts trustees ed hereinafter bogert bogert third persons knowingly participated trustee breach see seminole nation scott participation breach trust common law however many situations limited involving enforcement trust equity establish purely legal rights grant legal remedies otherwise beyond scope authority pomeroy equity jurisprudence ed term equitable relief assuredly mean petitioners solicitor general whatever relief equity empowered provide particular case issue indicated foregoing quotation speaks legal remedies granted equity equitable relief also refer categories relief typically available equity injunction mandamus restitution compensatory damages memories divided bench familiarity technical refinements recede past former meaning becomes perhaps increasingly unlikely remains question interpretation case meaning intended context present statute think doubt since relief available breach trust obtained equity limiting sort relief obtainable equitable relief sense whatever relief equity provide case limit relief read statute render modifier superfluous see state nordic village moskal regarding equitable relief mean relief available breach trust common law also require us either give term different meaning bears elsewhere erisa deprive meaning distinction congress drew equitable remedial relief equitable legal relief section erisa see subchapter erisa see erisa subchapter dealing pbgc see neither option acceptable see estate cowart nicklos drilling cf lorillard pons authority courts develop federal common law erisa see firestone authority revise text statute petitioners point erisa added statute see omnibus budget reconciliation act obra stat provides follows case breach fiduciary responsibility violation part fiduciary knowing participation breach violation person secretary shall assess civil penalty fiduciary person amount equal percent applicable recovery amount supp iii certainly agree petitioners language used one portion statute deemed meaning language used elsewhere statute indeed even zealous advocates principle petitioners stop short applying directly term equitable relief agree however establishes existence damages remedy otherwise inexplicable must give term equitable relief expansive meaning relief available breach trust even limited sense equitable relief awardable includes restitution plan assets profits providing applicable recovery amount use calculate penalty secretary may waive reduce paying prevent restoration gains plan even assuming nonfiduciaries liable knowing participation fiduciary breach duty see supra cofiduciaries expressly see person liable applications give meaning scope without resort strange interpretation equitable relief petitioners propose secretary initial interpretation accords view prologue proposed regulation implementing codified cfr awards equitable relief opposed monetary damages penalty assessed award involves transfer plan money property last analysis petitioners ask us give strained interpretation order achieve purpose erisa protect plan participants beneficiaries brief petitioners note erisa nonfiduciaries generally liable state trust law damages resulting knowing participation trustee breach duty assert actions preempted erisa broad preemption clause see mcclendon thus contend construction leaves beneficiaries like petitioners less protection existed erisa contradicting erisa basic goal promot ing interests employees beneficiaries employee benefit plans shaw delta air lines see firestone tire rubber bruch supra even assuming without deciding petitioners correct preemption previously available state actions vague notions statute basic purpose nonetheless inadequate overcome words text regarding specific issue consideration see pension benefit guaranty corporation ltv especially true legislation erisa enormously complex detailed statute resolved innumerable disputes powerful competing interests favor potential plaintiffs see pilot life ins dedeaux text described certainly nonsensical allocates liability misdeeds reasonable proportion respective actors power control prevent misdeeds traditional trust law although beneficiary obtain damages third persons knowing participation trustee breach fiduciary duties trustee fiduciary duties see scott fratcher erisa however defines fiduciary terms formal trusteeship functional terms control authority plan see thus expanding universe persons subject fiduciary duties damages professional service providers actuaries become liable damages cross line advisor fiduciary must disgorge assets profits obtained participation transactions prohibited pay related civil penalties see excise taxes see assuming nonfiduciaries sued may enjoined participating fiduciary breaches compelled make restitution subjected equitable decrees erisa eliminated assumptions common law joint several liability direct consequential damages suffered plan part persons real power control plan exposure sort liability impose high insurance costs upon persons regularly deal offer advice erisa plans hence upon erisa plans words tension primary erisa goal benefitting employees subsidiary goal containing pension costs alessi see also russell attempt adjust balance competing goals text adopted congress struck affirmed footnotes petitioners also claimed respondent activities constituted transaction prohibited erisa professional malpractice state law district dismissal former claim appealed appeals reversed dismissal pendent claim state law grounds petitioners also sought declaratory injunctive relief district deemed irrelevant given plan terminated respondent position plan actuary appeals address point section reads entirety persons empowered bring civil action civil action may brought participant beneficiary relief provided subsection section recover benefits due terms plan enforce rights terms plan clarify rights future benefits terms plan secretary participant beneficiary fiduciary appropriate relief section title participant beneficiary fiduciary enjoin act practice violates provision subchapter terms plan obtain either appropriate equitable relief redress violations ii enforce provisions subchapter terms plan secretary participant beneficiary appropriate relief case violation section title except otherwise provided subsection section secretary enjoin act practice violates provision subchapter obtain appropriate equitable relief redress violation ii enforce provision subchapter secretary collect civil penalty subsection section ed supp iii example person provides services plan party interest may offer services engage certain transactions plan reasonable compensation see also annual reports must include certification enrolled actuary minimum funding standards plan based reasonable actuarial assumptions dissent expresses certitude statute clearly bar suit post course issue issue whether statute affirmatively authorizes suit meet requirement enough observe trust beneficiaries clearly remedy nonfiduciaries actively assist fiduciary breach common law ibid remedy nonfiduciaries duty beneficiaries assist fiduciary breach similar duty set forth erisa noted common law nonfiduciaries made subject namely fall within erisa artificial definition fiduciary exceptions actions law obtain payment money transfer chattels immediately unconditionally due beneficiary see scott fratcher even courts divided whether equivalent actions also brought equity see id dissent argues limit relief rendering punitive damages unavailable post notion concern punitive damages motivated congress classic example projecting current attitudes upon helpless past unlike availability money damages always central concern courts legislatures fashioning causes action availability punitive damages major issue today erisa enacted see pacific mut life ins haslip dissenting huber liability ellis fairness efficiency law punitive damages cal rev particularly breach trust cases edition scott fratcher cites case issue punitive damages see scott fratcher edition bogert bogert cites two see bogert bogert supplements treatises however cite dozen cases issue even congress concerned extracompensatory forms relief post foolhardy believe excluding legal relief way prohibit still permitting forms monetary relief breach trust cases dissent confident assertion punitive damages available equity ibid simply correspond state law erisa enacted year earlier major treatise remedies prepared say majority courts examined point probably still refuse grant punitive damages equity cases dobbs remedies course speaking equity cases general even riskier presume punitive damages unavailable subclass equity cases damages routinely awarded namely breach trust cases trust cases allow punitive damages exclusively actions law see rivero thomas two decisions upon dissent relies fleishman krause lindsay nahstoll dixon northwestern nat bank minneapolis see post held breach trust actions issue brought law thus entitling plaintiffs jury trial decisions noted passing plaintiffs sought punitive well compensatory damages neither said damages obtained much less obtained law dissent claim courts appeals adopted theory equitable relief used erisa exclude punitive damages see post also unfounded opinion dissent cites permits punitive damages equitable relief limitation exist permits equitable also remedial relief kuntz reese opinion based ninth circuit precedent subsequently reversed massachusetts mut life ins russell see kuntz supra formally withdrawn vacated grounds see per curiam cert denied never relied upon even ninth circuit agree dissent see post distinction equitable remedial relief artless agree therefore free consider meaningless equitable relief must mean something less relief congress may noted used language equitable remedial relief elsewhere see dissent postulates congress used legal equitable relief language cause action authorizing lacked discernible analogue common law trusts means indicating courts free craft whatever relief appropriate post demonstrably administrative accounting requirements like ones enforced uses legal equitable formulation erisa see scott fratcher analogue basic duty trustees keep render accounts upon demand beneficiary see id bogert bogert pp moreover amendment subchapter dealing pbgc congress created cause action enforce provisions governing termination plans using appropriate equitable relief language appears see cause action reflects common law analogue created pbgc provisions referred text employ legal equitable formulation justice white chief justice justice stevens justice join dissenting majority candidly acknowledges plausible interpret phrase appropriate equitable relief used stat least standing alone meaning relief available courts equity breach trust ante majority also acknowledges relief petitioners seek compensatory monetary award available equity courts common law trusts trustees breach duty also nonfiduciaries knowingly participating breach trust ante finally dispute erisa grounded common law experience guided principles trust law construing terms statute firestone tire rubber bruch nevertheless majority today holds enacting erisa congress stripped erisa trust beneficiaries remedy trustees third parties enjoyed equity courts common law although assumed cause action third party respondent provided erisa remedies available limited traditional equitable remedies injunction restitution include compensatory damages classic form legal relief ante emphasis original believe statutory language requires result elsewhere recognized anomaly construing erisa way afford less protection employees beneficiaries enjoyed erisa enacted firestone supra emphasis added must dissent concerned many pension plans corruptly ineptly mismanaged american workers losing financial security retirement result congress enacted erisa declar ing policy statute protect interests participants employee benefit plans beneficiaries requiring disclosure reporting participants beneficiaries financial information respect plans establishing standards conduct responsibility obligation fiduciaries employee benefit plans providing appropriate remedies sanctions ready access federal courts noted previously erisa legislative history confirms act fiduciary responsibility provisions codif mak applicable erisa fiduciaries certain principles developed evolution law trusts firestone supra quoting code cong pp erisa explained abounds language terminology trust law must construed background common law trusts firestone supra see also central southeast southwest areas pension fund central transport indeed absent express statutory departure erisa broader definition responsible fiduciary see ante congress intended courts look settled experience common law giving shape federal common law rights obligations plans firestone supra see also supra code cong statement williams accordingly common law trusts must look construing scope appropriate equitable relief breaches trust contemplated majority notes common law courts equity predominant forum beneficiaries claims arising breach trust courts however exclusive forum instances jurisdiction law equity generally although universally acknowledged beneficiary elect legal equitable remedies see clews jamieson bogert bogert law trusts trustees pp rev ed scott fratcher law trusts pp ed hill trustees remedy law available beneficiary trust exclusive remedy equity indeed restatement trusts sets separate successive sections legal equitable remedies available beneficiaries common law trusts see restatement second trusts traditional equitable remedies available trust beneficiary included compensatory damages equity endeavor ed far possible replace parties situation breach trust committed hill supra see also tiffany bullard law trusts trustees defendant chargeable losses caused trust profits trust might earned absent breach included necessary payment monetary award make victims breach whole clews jamieson supra hill supra bogert bogert supra see also mitchell massachusetts mut life ins russell brennan concurring judgment given history entirely reasonable view construe reference appropriate equitable relief encompass equity routine remedy breaches compensatory monetary award calculated make victims whole remedy available fiduciaries participating nonfiduciaries construing statute manner also avoids anomaly interpreting erisa leave congress set protect participants plans beneficiaries less protection enjoyed erisa enacted firestone indeed precisely four justices read reference appropriate equitable relief russell see brennan joined white marshall blackmun concurring judgment ii majority however struggles find face statute evidence narrowly construed first observes erisa elsewhere uses terms remedial relief legal relief reasons congress must therefore intended differentiate concepts equitable relief second noted crucial language describes available relief equitable relief asserted ince relief available breach trust obtained equity limiting sort relief obtainable equitable relief sense whatever relief common law equity provide case limit relief rendering congress imposition modifier equitable nullity ante emphasis original searching way give appropriate equitable relief limiting effect majority feels compelled read phrase encompassing categories relief typically available broad run equity cases without regard particular equitable remedies available trust cases see ante emphasis original include injunction restitution example money damages see ibid see however words appropriate equitable relief descriptive simply refer remedies available equity common law trusts whether exclusive remedies breach trust disagree majority inference using term legal relief elsewhere erisa congress demonstrated considered judgment constrict relief available sure statute empowers courts award appropriate legal equitable relief fiduciary successfully sues employer failing make required contributions multiemployer plan likewise authorizes secretary labor bring civil action legal equitable relief may appropriate force administrator employee benefit plan file certain plan documents secretary finally statute also cited majority empower courts dispense appropriate relief legal equitable actions brought pension benefit guaranty corporation pbgc plan fiduciaries participants beneficiaries respect peculiar statutory duties relating pbgc see also authorizing action appropriate legal equitable relief significantly however none causes action described sections relating financing multiemployer plans administrative filing requirements pbgc discernible analogue common law trusts accordingly common law tradition either law equity congress might direct courts surprising congress refer legal equitable relief making clear courts free craft whatever relief appropriate seems treacherous leap draw sections congressional intention foreclose compensatory monetary awards notwithstanding awards always considered appropriate equitable relief breach trust common law see supra even accepting however equitable relief distinguished legal relief statute majority wrong supposing former concept swallows latter reference appropriate equitable relief understood encompass remedies traditionally available equity courts breach trust fact matter forms relief available common law courts equity breach trust although equity courts award monetary relief make victim breach trust whole extracompensatory forms relief punitive damages available long recognized courts equity absent express statutory authorization enforce penalties award punitive damages see tull stevens gladding livingston woodworth see also sutherland law damages ed hale law damages ed sedgwick measure damages ed justice kennedy observed limitation equitable relief applied trust context well plaintiffs recover compensatory monetary relief breach trust punitive exemplary damages see teamsters terry dissenting opinion contrast punitive damages among legal remedies available common law trust cases trust cases historically brought actions law trustee immediate unconditional duty pay funds beneficiary see ante acknowledged beneficiary may recover punitive well compensatory damages see fleishman krause lindsay nahstoll reversing remanding jury trial beneficiary claim punitive compensatory damages dixon northwestern nat bank minneapolis moreover majority courts adhere view equity courts even trust cases award punitive damages see note participant beneficiary remedies erisa extracontractual punitive damages massachusetts mutual life insurance russell cornell see also dobbs remedies pp number courts recent decades drawn upon legal powers award punitive damages even cases historically brought equity acknowledging traditional bar relief equity courts concluded merger law equity authorizes modern courts draw upon legal equitable powers crafting appropriate remedy breach trust see central park south app aff gould starr mo app cert denied citizens southern nat bank haskins see also new jersey division horsemen benevolent protective assn new jersey racing super chancery division afford full range equitable legal remedies breach trust including punitive damages cf charles epperson iowa forms legal relief trust cases thus available equity limiting scope relief sort relief historically provided equity courts breach trust provides meaningful limitation one needed basis distinguishing equitable legal relief accordingly statutory text compel majority rejection reading appropriate equitable relief advanced petitioners solicitor general reading majority acknowledges otherwise plausible see ante iii although trust beneficiary historically equitable suit damages fiduciary breach trust well participating nonfiduciary majority today construes affording remedy fiduciary participating third party ground damages appropriate equitable relief majority conclusion see rests transparently insufficient grounds text statute supports reading permit award compensatory monetary relief necessary make erisa beneficiary whole breach trust reading accord established equitable remedies available common law trusts congress directed us construing erisa congress primary goal enacting statute protection beneficiaries financial security corrupt inept plan mismanagement finally reading avoid perverse case entirely needless result construing erisa deprive beneficiaries remedies enjoyed prior statute enactment reasons respectfully dissent initial matter majority expresses uncertainty whether affords cause action sort remedy nonfiduciaries participate fiduciary breach duty statute see ante view however statute clearly bar suit section gives cause action participant beneficiary fiduciary plan redress violations statute dispute erisa fiduciary breaches duty care managing plan violation statute see question whether remedies provided redress violatio must stop breaching fiduciary may extend nonfiduciaries actively assist fiduciary breach section expressly provide limitation seem appropriate import one given trust beneficiaries clearly remedy common law see ante erisa grounded common law intended protect interests beneficiaries moreover amendment statute adding seems clearly reflect congress understanding erisa provides remedy majority notes see ante empowers secretary labor assess civil penalty nonfiduciaries knowing ly participat fiduciary breach trust supp iii subsection provides penalty shall equal percent applicable recovery amount obtained nonfiduciary proceeding provides cause action secretary parallels provided beneficiaries see also ante provision clearly contemplates remedy may necessary implication nonfiduciaries knowing participation fiduciary breach fiduciary responsibilit ies given understanding accords common law trust principles undergirding erisa also compatible language see basis doubting validity petitioners cause action section erisa state laws insofar may hereafter relate employee benefit plan governed erisa although majority stops short deciding preemption implications holding see ante difficult imagine common law remedy harm alleged participation breach fiduciary duty concerning plan survived enactment erisa deliberately expansive preemption provision mcclendon citation omitted majority claims find common law analogue action likening action secretary labor enforce erisa administrative filing requirements common law action trustee failure keep render accounts ante analogy seems long reach common law duty trustees account beneficiaries transactions made behalf trust bears best slight resemblance duty plan administrators file secretary labor specified annual reports plan descriptions summary plan descriptions see fact statute required trustees render accounting state courts see scott fratcher law trusts ed cited ante fails establish common law analogue actions secretary moreover text statute reflects congress careful differentiation legal equitable relief majority posits presumably must also reflect careful differentiation equitable remedial relief matter legal remedial relief see breaching fiduciary shall subject equitable remedial relief may deem appropriate limiting principle congress intended convey latter term readily imagine remedial simply means intended remedy webster ninth new collegiate dictionary relief commonly understood synonym remedy least congress apparent imprecision regard undermines confidence strong inferences drawn majority congress varying phraseology concerning relief erisa justice kennedy observation legal history crafting remedy breach trust exclusive aim common law equity courts make victim whole endeavor ing far possible replace parties situation breach trust committed hill trustees see also restatement second trusts historically punitive damages unavailable equitable action theory chancery equity conscience permit right element vengeance beals washington international accord williamson chicago mut lumber stolz franklin ark superior constr elmo md given fuel gas orkin exterminating south florida truly nolen app dobbs remedies pp thus even equitable actions becomes necessary award damages compensatory damages allowed karns allen see also laboratories cert denied bernard sedgwick measure damages ed majority denigrates traditional rule citing professor dobbs treatise remedies treatise noted modern trend among courts eve erisa enactment allow punitive damages equity cases also noted majority rule remained otherwise moreover trend professor dobbs identified driven large part modern merger law equity consequent belief longer reason disallow legal remedies traditionally equitable actions see ante accordingly majority observation way undermines validity traditional rule well ensconced time erisa enactment punitive damages appropriate equitable remedy even trust cases surprisingly light history courts appeals passed question concluded statutory language legislative history section erisa prohibit recovery punitive damages varhola doe see also harsch eisenberg cert denied sub nom bihler eisenberg drinkwater metropolitan life ins cert denied amos blue shield alabama cert denied sommers drug stores co employee profit sharing trust corrigan enterprises cert denied powell chesapeake potomac telephone virginia cert denied respect however beneficiary may claim equitable remedial relief see allowing appropriate relief section title courts split whether punitive damages may recovered compare kuntz reese allowing recovery vacated grounds cert denied sommers drug stores supra disallowing recovery see also cox eichler ndcal punitive damages available thishis russell expressly reserved judgment whether punitive damages might recovered behalf plan massachusetts mut life ins russell majority faults notion concern punitive damages motivated congress drafting erisa grounds availability punitive damages major issue ante neither course anything suggest availability compensatory damages major issue although majority hesitate attribute concern congress event seems considerably less fanciful suppose congress motivated desire limit availability punitive damages moved desire take statute intended beneficiaries traditional possibly means relief