life annuity insurance et al knudson et argued october decided january respondent janette knudson injured car accident health plan plan petitioner earth systems employer janette respondent eric knudson covered medical expenses paid petitioner life annuity insurance co plan reimbursement provision gives right recover beneficiary payment benefits paid plan beneficiary entitled recover third party separate agreement assigns plan rights reimbursement provision claim knudsons filed tort action recover manufacturer car others negotiated settlement allocated bulk recovery attorney fees trust janette medical care earmarked portion settlement attributable past medical expenses satisfy reimbursement claim approving settlement state ordered defendants pay trust amount directly remainder respondents attorney turn tender checks creditors instead cashing check filed federal action employee retirement income security act erisa enforce plan reimbursement provision requiring knudsons pay plan proceeds recovered third parties district granted knudsons summary judgment holding terms plan limited right reimbursement determined state ninth circuit affirmed different grounds holding judicially decreed reimbursement payments made beneficiary insurance plan third party equitable relief authorized held petitioners seeking legal relief imposition personal liability respondents contractual obligation pay money authorize action pp authorizes civil action enjoin act practice violates terms plan obtain appropriate equitable relief term equitable relief refers categories relief typically available equity mertens hewitt associates petitioners seek essence impose personal contractual liability respondents relief typically available equity classic form legal relief petitioners government efforts characterize relief sought equitable persuasive pp rejects petitioners argument entitled relief seek enjoin act practice respondents failure reimburse plan violates plan terms injunction compel payment money past due contract specific performance past due monetary obligation typically available equity rare cases equity decree specific performance contract transfer funds suits unlike present case sought prevent future losses either incalculable greater sum awarded bowen massachusetts distinguished pp also rejected petitioners argument suit authorized seek restitution characterize form equitable relief restitution legal remedy ordered case law equitable remedy ordered equity case whether legal equitable depends basis plaintiff claim nature underlying remedies sought restitution lie equity action generally must seek impose personal liability defendant restore plaintiff particular funds property defendant possession basis petitioners claim respondents hold particular funds good conscience belong petitioners petitioners contractually entitled funds benefits conferred kind restitution petitioners seek therefore equitable legal mertens supra harris trust sav bank salomon smith barney distinguished pp finally rejects government argument common law trusts provides petitioners equitable remedies allow bring action trust remedies simply inapposite see mertens supra event give trustee separate equitable cause action payment moneys beneficiary interest trust pp affirmed scalia delivered opinion rehnquist kennedy thomas joined stevens filed dissenting opinion ginsburg filed dissenting opinion stevens souter breyer joined life annuity insurance pany et petitioners janette knudson eric knudson writ certiorari appeals ninth circuit january justice scalia delivered opinion question presented whether employee retirement income security act erisa stat ed authorizes action petitioners enforce reimbursement provision erisa plan respondent janette knudson rendered quadriplegic car accident june respondent eric knudson employed petitioner earth systems janette covered health welfare plan employees dependents earth systems plan plan covered janette medical expenses except paid petitioner life annuity insurance pursuant insurance agreement plan plan includes reimbursement provision basis present lawsuit provides plan shall right recover beneficiary payment benefits paid plan beneficiary entitled recover third party app specifically plan first lien upon recovery whether settlement judgment otherwise beneficiary receives third party exceed amount benefits paid plan amount received beneficiary medical treatment beneficiary recovers third party fails reimburse plan personally liable plan amount first lien pursuant agreement plan plan assign ed rights make litigate negotiate settle compromise release waive claim reimbursement provision late knudsons filed tort action california state seeking recover hyundai motor company manufacturer car riding time accident alleged tortfeasors parties action negotiated settlement notice mailed allocated special needs trust cal prob code ann west supp provide janette medical care attorney fees costs reimburse california medicaid program portion settlement attributable past medical expenses satisfy claim reimbursement provision plan day hearing scheduled judicial approval settlement calling defendant asserting action involved federal claims related erisa filed district central district california notice removal pursuant concluded defendant remove case therefore remanded state approved settlement state order provided defendants pay settlement amount allocated special needs trust directly trust remaining amounts respondents attorney turn tender checks however never cashed check received respondents attorney instead time sought remove tort action filed action federal district central district california seeking injunctive declaratory relief enforce reimbursement provision plan requiring knudsons pay plan proceeds recovered third parties subsequently filed amended complaint adding earth systems plan plaintiffs seeking temporary restraining order continuation proceedings approval settlement district denied temporary restraining order ruling petitioners appeal state approved settlement money disbursed district granted summary judgment knudsons held language plan limited right reimbursement amount received respondents third parties past medical treatment amount state determined appeals ninth circuit affirmed different grounds judgt order reported citing fmc medical plan owens held judicially decreed reimbursement payments made beneficiary insurance plan third party equitable relief therefore authorized granted certiorari ii observed repeatedly erisa comprehensive reticulated statute product decade congressional study nation private employee benefit system mertens hewitt associates quoting nachman pension benefit guaranty corporation therefore especially reluctant tamper enforcement scheme embodied statute extending remedies specifically authorized text massachusetts mut life ins russell indeed noted erisa carefully crafted detailed enforcement scheme provides strong evidence congress intend authorize remedies simply forgot incorporate expressly mertens supra quoting russell supra section authorizes civil action participant beneficiary fiduciary enjoin act practice violates terms plan obtain appropriate equitable relief redress violations ii enforce provisions terms plan explained mertens quitable relief must mean something less relief thus mertens rejected reading statute extend relief obtainable whatever relief equity empowered provide particular case issue include legal remedies otherwise beyond scope equity authority reading said limit relief render modifier equitable superfluous instead held term equitable relief must refer categories relief typically available equity petitioners seek essence impose personal liability respondents contractual obligation pay money relief typically available equity claim money due owing contract quintessentially action law stores wells posner almost invariably suits seeking whether judgment injunction declaration compel defendant pay sum money plaintiff suits money damages phrase traditionally applied since seek compensation loss resulting defendant breach legal duty bowen massachusetts scalia dissenting oney damages course classic form legal relief mertens supra nevertheless petitioners along amicus struggle characterize relief sought equitable standard set mertens persuaded first petitioners argue entitled relief seek enjoin act practice respondents failure reimburse plan violates terms plan injunction compel payment money past due contract specific performance past due monetary obligation typically available see restatement second contracts dobbs corbin contracts hereinafter corbin rare cases equity decree specific performance contract transfer funds suits unlike present case sought prevent future losses either incalculable greater sum awarded example specific performance might available enforce agreement lend money unavailability alternative financing leave plaintiff injuries difficult value enforce obligor duty make future monthly payments obligor consistently refused make past payments concededly due thus threatened obligee burden bringing multiple damages actions bowen supra scalia dissenting see also dobbs corbin typically however specific performance contract pay money available equity bowen massachusetts supra upon petitioners rely contrary held bowen provision administrative procedure act precludes actions seeking money damages federal agencies bar state seeking specific relief obtain money claims entitlement federal medicaid statute ed supp bowen turn distinctions equitable actions actions rather congress meant money administrative procedure act department army blue fox furthermore bowen unlike petitioners claim deal specific performance contractual obligation pay past due sums rather massachusetts claimed federal government failed reimburse past expenses pursuant statutory obligation method federal government used calculate reimbursements lead underpayments future thus suit merely past due sums injunction correct method calculating payments going forward bowen supra bowen bearing unavailability injunction enforce contractual obligation pay money past due second petitioners argue suit authorized seek restitution characterize form equitable relief however relief falling rubric restitution available equity days divided bench restitution available certain cases law certain others equity see dobbs corbin muir erisa remedies chimera congressional compromise iowa rev redish seventh amendment right jury trial study irrationality rational decision making nw rev thus restitution legal remedy ordered case law equitable remedy ordered equity case whether legal equitable depends basis plaintiff claim nature underlying remedies sought reich continental casualty posner cases plaintiff assert title right possession particular property nevertheless might able show grounds recovering money pay benefit defendant received plaintiff right restitution law action derived common law writ assumpsit dobbs see also muir supra cases plaintiff claim considered legal sought obtain judgment imposing merely personal liability upon defendant pay sum money restatement restitution comment pp claims viewed essentially actions law breach contract whether contract actual implied contrast plaintiff seek restitution equity ordinarily form constructive trust equitable lien money property identified belonging good conscience plaintiff clearly traced particular funds property defendant possession see dobbs restatement restitution supra comment palmer law restitution equity order defendant transfer title case constructive trust give security interest case equitable lien plaintiff eyes equity true owner property sought recovered proceeds dissipated product remains plaintiff claim general creditor plaintiff enforce constructive trust equitable lien upon property defendant restatement restitution supra comment thus restitution lie equity action generally must seek impose personal liability defendant restore plaintiff particular funds property defendant funds petitioners claim entitlement plan reimbursement provision proceeds settlement respondents tort action respondents possession order state approving settlement makes clear disbursements settlement paid two checks one made payable special needs trust respondents attorney deducting fees costs placed remaining funds client trust account tendered checks respondents creditors basis petitioners claim respondents hold particular funds good conscience belong petitioners petitioners contractually entitled funds benefits conferred kind restitution petitioners seek therefore equitable imposition constructive trust equitable lien particular property legal imposition personal liability benefits conferred upon respondents admittedly cases previously drawn fine distinction restitution law restitution equity neither involved issue distinction relevant mertens mentioned dicta injunction mandamus restitution categories relief typically available equity emphasis added mertens however involve claim restitution rather addressed question whether nonfiduciary knowingly participates breach fiduciary duty imposed erisa liable plan compensatory damages thus courts commentators noted meant mertens cases restitution contrast damages remedy commonly ordered equity cases therefore equitable remedy sense damages though occasionally awarded equity cases reich continental casualty supra mertens purport change principle restitution exclusively equitable remedy whether legal equitable particular case hence whether authorized remains dependent nature relief sought ibid see also muir iowa analyzing mertens explaining equitable restitution available section likewise harris trust sav bank salomon smith barney noted action restitution transferee tainted plan assets appropriate equitable relief within meaning expressly distinguish legal equitable restitution nature relief described harris trust claim specific property proceeds held defendant accords restitution describe equitable today trustee beneficiaries may maintain action restitution property already disposed disgorgement proceeds already disposed emphasis added whenever legal title property obtained means circumstances render unconscientious holder legal title retain enjoy beneficial interest equity impresses trust property thus acquired favor one truly equitably entitled emphasis added internal quotation marks citations omitted justice ginsburg dissent finds dispositive restitutionary remedies typically available equity view touchstone distinguishing legal equitable relief substance relief requested post since substantive relief restitution typically available equity concludes available doubtful begin restitution least restitution defined broadly enough embrace forms restitution available law pertains substance relief rather legal theory awarded substance money judgment compelled transfer money money judgment restitution thought identify particular type relief rather merely theory relief awarded one limit restitution return identifiable funds property belonging plaintiff held defendant limit restitution form restitution traditionally available equity event justice ginsburg approach looks nature relief conditions equity attached provision logically leads untenable conclusion reached justice stevens dissent explicit authorization injunction identifies form equitable relief permits equity never permit injunction failure pay simple indebtedness matter injunction failure pay punitive damages problem conclusion course renders statute limitation relief injunction appropriate equitable relief utterly pointless easy disparage dichotomy ancient classification post opinion ginsburg obsolete distinctio post opinion stevens like however classification distinction specified statute way give specification meaning indeed way render unmistakable limitation statute limitation except adverting differences law equity statute refers dissents greatly exaggerate moreover difficulty task congress felt comfortable referring equitable relief statute many precisely basic contours term well known rarely need antiquarian inquiry post opinion ginsburg consulting done standard current works dobbs palmer corbin restatements make answer clear inquiry moreover accustomed pursuing always pursue contexts see grupo mexicano de desarrollo alliance bond fund powers federal courts judiciary act grant jurisdiction suits equity curtis loether scope seventh amendment right jury trial suits common law introduce high degree confusion congressional use lawyers understanding statutory term equity rolling revision content contemplated dissents justice stevens finds difficult understand congress wanted provide recourse federal plan violation disclosed record case post however job find reasons congress plainly done job avoid rendering congress plainly done limit available relief devoid reason effect justice ginsburg surmises post congress meant rule nothing compensatory punitive damages simply said congress sought achieve result subtle reliance upon dissenters novel expansive view equity implausible respecting congress choice limit relief available equitable relief requires us recognize difference legal equitable forms petitioners seek former suit authorized third petitioners amicus argues common law trusts provides petitioners equitable remedies allow bring action analogizing respondents beneficiaries trust argues trustee bring suit enforce agreement beneficiary pay money trust repay advance made trust see brief amicus curiae citing restatement second trusts hereinafter restatement trusts trust remedies simply inapposite mertens rejected claim special powers applicable trusts define reach instead held term equitable relief must refer categories relief typically available equity event cited sections restatement terms merely allow trustee charge beneficiary interest trust order capture money owed see restatement trusts one beneficiaries trust contracts pay money trustee held part trust estate fails make payment beneficial interest subject charge amount liability trustee makes advance loan trust money beneficiary beneficiary interest subject charge repayment amount advanced lent setoff remedies give trustee separate equitable cause action payment moneys iii end petitioners ask us interpret prevent deprived remedy circumstances result clearly inconsistent primary purpose erisa namely enforcement terms plan see brief petitioners note though necessary decision may means petitioners obtain essentially legal relief seek express opinion whether petitioners intervened tort action brought respondents whether direct action petitioners respondents asserting claims breach contract erisa decide whether petitioners obtained equitable relief respondents attorney trustee special needs trust since petitioners appeal district denial motion amend complaint add individuals codefendants need decide issues explained mertens ven assuming petitioners correct previously available actions lack means obtain relief vague notions statute basic purpose nonetheless inadequate overcome words text regarding specific issue consideration section erisa congress authorized participant beneficiary bring civil action enforce rights terms plan without reference whether relief sought legal equitable congress extend authorization fiduciaries rather terms allows equitable relief attempt adjust carefully crafted detailed enforcement scheme embodied text congress mertens supra petitioners seeking legal relief imposition personal liability respondents contractual obligation pay money authorize action accordingly affirm judgment appeals ordered life annuity insurance pany et petitioners janette knudson eric knudson writ certiorari appeals ninth circuit january justice stevens dissenting lucid dissent join justice ginsburg explained fanciful assume congress intended revive obsolete distinctions law equity basis defining remedies available federal violations terms plan employee retirement income security act erisa also convincingly argued relief sought present case permissible even favored test determining qualifies equitable relief erisa add postscript persuaded congress intended word enjoin used authorize appropriate order prohibits terminates violation erisa plan regardless whether precedent order found english chancery cases read word intended enlarge contract federal judge remedial authority consequently contrary view mertens hewitt associates neither read placing limitation judge authority shackle analysis constitutes equitable relief sort historical analysis chosen nevertheless mertens law inquiry entails analysis relief typically available equity mean however inquiries must involve historical analysis seems believe ante mertens task interpret appropriate equitable relief holding thus extend meaning enjoin result analysis tradition unnecessary respect moreover section provides proper basis federal jurisdiction present case petitioners brought suit enjoin act practice violates terms plan inclusive reading consonant text statute accomplishes congress goal providing federal remedy violations terms plans governed erisa contrary current reluctance conclude wrongs believe historic presumption favoring provision remedies violations federal inform construction remedial provisions federal statutes difficult understand congress wanted provide recourse federal plan violation disclosed record case varity howe aware purpose denial remedy serve thus unsurprising opinion contains discussion congress intended reading resulting denial federal remedy case absent discussion opinion remarkably respectfully dissent life annuity insurance pany et petitioners janette knudson eric knudson writ certiorari appeals ninth circuit january justice ginsburg justice stevens justice souter justice breyer join dissenting today holding majority declares compelled congress choice limit relief available ante view congress placement word equitable provision signaled intent exhume fine distinction borne days divided bench ante treat dispositive ancient classification unrelated substance relief sought obstruct general goals erisa relegating state array suits involving interpretation employee health plan provisions plain congress made choice dissent purports resolve case determining nature relief seeks ante opinion analysis however trains question deemed subsidiary whether disputed claim brought equity days divided bench ante inquiring whether claim akin action derived writ assumpsit brought law instead resembles claim return particular assets lie equity answer question scrutinizes form claim contrasts features technical requirements governed jurisdictional divide premerger courts finding clear match equitable side line concludes claim beyond scope therefore outside federal jurisdiction rarified rules underlying rigid conception term equity hardly fingertips enacted erisa became law days divided bench fading memory era ended nearly years earlier advent federal rules civil procedure rules instruct shall one form action cognizable federal courts fed rule civ proc except reference historical practice might necessary preserve right established merger see curtis loether seventh amendment jury trial doctrinal rules delineating boundaries divided courts receded see wright miller federal practice procedure wright handbook law federal courts ed nstances old distinctions continue rule graves quite thus fanciful attribute members congress familiarity needless obsolete distinctions wright miller supra much less deliberate choice resurrect import wholesale modern regulatory scheme laid erisa nothing suggest erisa drafters wanted embed work time warp health cost controls washington posner cf mertens hewitt associates meaning equitable relief must determined based state law erisa enacted congress intend strap anachronistic rules majority relies corroborated anomalous results supposed legislative choice leads although recognizes need decide issue see ante opinion surely contemplates constructive trust claim lie hence outcome case different sued trustee special needs trust possession requested funds instead knudsons see ante constructive trust unavailable funds petitioners claim entitlement respondents possession view whether relief equitable turn entirely designation defendant even though substance relief obtained suit trustee judgment ordering return wrongfully withheld funds identical relief fact sought knudsons unlike today majority resist rule unjustified reason produces different results breaches duty situations differentiated policy moragne marine lines procedural history case highlights anomaly upholding judgment neither party one least protract perhaps preclude judicial resolution nub controversy recoupment plan reimbursement provision call named knudsons defendants janet knudson special needs trust approved defendant picture seeking time preserve status quo requested district preliminary injunctive relief stop knudsons disposing funds hyundai paid settle action district denied relief state approve order settlement funds paid special needs trust moved leave amend complaint add trustee defendant district denied motion without consideration light judgment knudsons merits district ruled differently peripheral issue majority presumably reverse rather affirm disposition case left limbo meaning plan reimbursement provision decision rests failure appeal interlocutory issue made moot district final judgment issue involved must seemed utterly inconsequential post judgment day majority avowed obedience congress choice belied conflict holding congress stated goals enacting erisa today erisa plans fiduciaries unable fit suits within confines opinion constructs barred federal forum may seek enforcement reimbursement provisions like one issue state many suits may precluded antisubrogation laws see brief maryland hmo subrogation plaintiffs amici curiae others may preempted erisa survive may produce diverse potentially contradictory interpretations disputed plan terms recognized congress sought erisa establish uniform administrative scheme ensure plan provisions enforced federal free threat conflicting inconsistent state local regulation fort halifax packing coyne internal quotation marks omitted quoting cong rec majority construction frustrates goals ascribing congress paradoxical intent enact specific provision thwarts purposes general scheme part doubt correct vague notions statute basic purpose inadequate overcome words text regarding specific issue consideration ante quoting mertens emphasis deleted congress clearly stated purpose starkly conflicts questionable inferences drawn single word statute latter former must give way particularly ironic majority acts name equity sacrifices congressional intent statutory purpose archaic unyielding doctrine equity eschews mechanical rules depends flexibility holmberg armbrecht long ago recognized inherent courts equity jurisdiction give effect policy legislature mitchell robert demario jewelry quoting clark smith pet see albemarle paper moody hen congress invokes chancellor conscience transcendent legislative purposes required principled application standards consistent purposes cf grupo mexicano de desarrollo alliance bond fund ginsburg dissenting similarly relie unjustifiably static conception equity jurisdiction ii unprepared agree congress chose infuse recondite distinctions majority relies accord different meaning term equitable consistent congress likely intended decision mertens look substance relief requested ask whether relief character typically available equity mertens seeks restitution category relief fully meeting measure even remedy also available cases brought law accordingly oust case federal courts requests restitution beyond dispute relief operate transfer knudsons funds claims rightful owner see curtis restitution encompasses decree ordering return rightfully belongs plaintiff alleges knudsons unjustly enriched permitted retain funds see dobbs law remedies ed fundamental substantive basis restitution defendant unjustly enriched receiving something tangible intangible properly belongs sued recover amount representing knudsons unjust gain rather loss see restitutionary recoveries based defendant gain plaintiff majority appears admit see ante cases invariably described restitutionary relief equitable without even mentioning much less dwelling upon ancient classifications today holding rests see tull restitution traditionally considered equitable remedy mertens characterized money damages equitable restitutionary mitchell district exercise equitable authority fair labor standards act order restitution cf moses macferlan burr eng one word gist kind action defendant upon circumstances case obliged ties natural justice equity refund cases establish dispute restitution within recognized power within highest tradition equity porter important one concern follow legislature congress treated equitable type restitution substantially similar relief seeks congress placed title vii civil rights act instruction redress violations act courts may award inter alia appropriate equitable relief including reinstatement hiring employees without back pay interpreting provision recognized backpay form restitution curtis see terry congress specifically characterized backpay title vii form equitable relief ibid mertens majority used title vii equitable relief provision touchstone interpretation see today majority declares remarkable inconsistency title vii nothing case ante inexplicably fails offer reason congress intend equitable relief include plaintiff recover money pay benefit defendant received ante internal quotation marks omitted intend words encompass relief measure title vii enacted years agree relief falling rubric restitution available equity ante emphasis added restitution also available claims brought law majority may correct cases restitution termed legal ante way affects answer question core case section interpreted mertens encompasses categories relief typically available equity emphasis original exclusively restitution plainly fits bill insisting embraces claims circumstances particular case brought chancery times yore majority labors holding case indeed mertens explicitly rejected position close one embraced today mertens recognized memories divided bench familiarity technical refinements recede past interpretation keyed relief equity award particular case becomes perhaps increasingly unlikely objection inquiry today adopts spite mertens turn difficulty th task ante sure question confidence ability standard works make answer clear indicate rule prevails example works conflict key points compare restatement restitution comment constructive trust money available transfer procured abuse fiduciary relation legal remedy inadequate dobbs law remedies limitation constructive trust misdealings fiduciaries misconception adequacy legal remedy seems irrelevant courts recognized preferred method indeed difficult apply ross bernhard calling analysis may seem reek unduly study damsky zavatt friendly museum clark dissenting even chosen texts always yielded quick plain answer however think less implausible congress intended make controlling doctrine texts describe see supra reliance doctrine context seventh amendment judiciary act see ante underscores incongruity applying may arguable preserving meaning provisions requires courts determine tribunal entertained particular claim england see grupo mexicano terry kennedy dissenting preserve right existing unless look history identify rationale conceivably justifies asking question cases arising provision distinctly modern statute congress passed import term equity might depend context signify rolling revision content ante rather recognition equity characteristically remain evolving dynamic jurisprudence see grupo mexicano ginsburg dissenting cf mertens remains question interpretation case meaning congress intended impart term equitable courts realm reaffirmed principles equity taught introduced lord chancellors deputies order provide relief inflexibility common law rules medforth blake see boulting association cinematograph television allied technicians rules equity flexible sense develo meet changing situations conditions time pettkus becker great advantage ancient principles equity flexibility judiciary thus able shape malleable principles accommodate changing needs mores equation equity rigid application rules frozen bygone era maintain thus unjustifiabl even applied law grounded era grupo mexicano ginsburg dissenting applied statute like erisa however insistence senseless thus reason ask entertained claim days divided bench ante need engage antiquarian inquiry majority attempts answer question reading encompass restitution render modifier equitable utterly pointless fears ante construction confine scope provision significantly less relief ante quoting mertens notably exclude compensatory punitive damages see though occasionally awarded equity clean doctrine reich continental casualty typically available courts see symons pomeroy equity jurisprudence ed large limitation indeed unmistakable cf ante sum reading adopt entirely faithful core holding mertens equitable relief refer categories relief typically available equity injunction mandamus restitution compensatory damages today decision needlessly obscures meaning complicates application interpretation provision embroils federal courts recondite controversies better left legal historians terry brennan concurring part concurring judgment yields results demonstrably odds congress goals enacting erisa view congress plausibly said carefully crafted confusion ante dissent footnotes oral argument petitioners counsel argued injunction specifically authorized need form equitable relief petitioners brief however conceded reference appropriate equitable relief suggests relief authorized enjoin act practice violates terms plan appropriate equitable relief see brief petitioners emphasis added event injunction inherently equitable remedy see reich continental casualty dobbs law remedies ed hereinafter dobbs statutory reference remedy must absent indication deemed contain limitations upon availability equity typically imposes without rule construction statutory limitation injunctive relief meaningless since claim legal relief lawyerly inventiveness phrased terms injunction course contrary indication positive indication paragraph injunction referred paragraph equitable injunction limited exception accounting profits form equitable restitution issue case example plaintiff entitled constructive trust particular property held defendant may also recover profits produced defendant use property even identify particular res containing profits sought recovered see dobbs petitioners claim profits produced proceeds settlement entitled constructive trust proceeds support claim westlaw search discloses term equitable relief appears provisions code support argument congress intended restitution equitable relief justice ginsburg dissent asserts congress treated backpay type restitution post equitable purposes title vii civil rights act authorities cited proposition backpay type restitution curtis loether teamsters terry notable however cases say since restitutionary therefore equitable curtis fact explicitly refuses whatever may merit equitable characterization backpay title vii cases omitted terry noted characterized damages equitable restitutionary say forms restitution equitable congress treated backpay equitable title vii post opinion ginsburg narrow sense allowed backpay awarded together equitable relief may order affirmative action may appropriate may include limited reinstatement hiring employees without back pay equitable relief deems appropriate emphasis added referent equitable relief back pay said sense relevant congress treated backpay equitable relief fact however referent reinstatement hiring employees modified phrase without back pay curtis recognized courts appeals treated title vii backpay equitable made backpay integral part equitable remedy see grayson wickes title vii backpay integral part equitable remedy reinstatement harmon may broadcasting slack havens johnson georgia highway express statement terry justice ginsburg relies congress specifically characterized backpay title vii form equitable relief plainly inaccurate unless understood mean title vii backpay specifically made part equitable remedy sense terry discussion requires reinforced immediately following citation portion curtis called title vii backpay integral part equitable remedy curtis supra see terry supra restitution sought freestanding claim money damages title vii nothing case varity howe upon petitioners rely contrary varity explained catchall provisio act safety net offering appropriate equitable relief injuries caused violations elsewhere adequately remedy thus concluded authorizes lawsuits beneficiaries individualized equitable relief breach fiduciary obligations notwithstanding petitioner argument relief appropriate erisa specifically address liability breach fiduciary duty preclude individualized relief varity however undisputed respondents seeking equitable relief question whether relief appropriate light apparent lack alternative remedies varity hold petitioners urge us conclude today catchall provision authorizes relief consistent erisa purposes explicitly provided elsewhere accept petitioners argument ignore plain language statute provides fiduciaries equitable relief footnotes see correctional services malesko stevens dissenting alexander sandoval stevens dissenting see bivens six unknown fed narcotics agents federally protected rights invaded rule beginning courts alert adjust remedies grant necessary quoting bell hood essence civil liberty certainly consists right every individual claim protection laws whenever receives quoting marbury madison cranch response dissent echoes tennyson poem light brigade reason die job find reasons congress plainly done ante congress course power enact unreasonable laws nevertheless instead blind obedience first blush appears law think prudent respectful pause ask congress footnotes district parties sought decision amount entitled recoup plan provision recovery benefits paid resolved issue knudsons favor ninth circuit however refused review district resolution question holding instead federal courts without authority grant relief parties situation neither party defended ruling motion dismiss improvidently granted appointed amicus curiae argue support ninth circuit judgment see brief oral argument appointed counsel commendably developed position majority adopts courts appeals aligned behind theory congress treated title vii backpay equitable narrow sense relief integral part statutory remedy reinstatement ante courts employed majority rationale others adopted position denies title vii backpay restitutionary therefore equitable ante see eeoc detroit edison back pay title vii cases considered form restitution award damages since restitution equitable remedy jury required award back pay vacated grounds rogers loether unreasonable regard award back pay title vii appropriate exercise chancellor power require restitution restitution clearly equitable remedy omitted aff see also hubbard epa cadc courts recognized equitable nature back pay awards number different contexts generally decisions hold back pay constitutes thing plaintiff received defendant illegal action back pay thus seen reflect equitable restitution aff grounds cadc en banc reading accords recognition teamsters terry congress specifically characterized backpay title vii form equitable relief emphasis added somewhat ambiguous curtis loether rationale courts appeals reasoning treated title vii backpay equitable congress made backpay integral part equitable remedy form restitution spoke greater clarity terry