QUESTION PRESENTED When a benefit plan, in violation of ERISA, wrongfully denies or delays payment of a benefit, the court may award relief because of the improper delay in the payment of that benefit. The question presented is: Should 'the amount of a remedy based on the improper delay in the payment of a benefit be based on: (1) only the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay (the rule in the Sixth Circuit), (2) either the amount needed to redress the loss that the beneficiary sustained as a result of the wrongful delay or the amount needed to disgorge any gain improperly realized by the plan as a result of that wrongful delay (the rule in the Second, Third, Seventh, Eighth and District of Columbia Circuits), (3) the most analogous state prejudgment, interest rate (the rule in the Fifth, Tenth and Eleventh Circuits), or (4) the § 1961 post-judgment interest rate (the rule in the Ninth Circuit)?
Eric Schnapper, Erik W. Scharf, and John J. Cooper, Petition for a Writ of Certiorari. Rochow v. Life Insurance Company of North America, 136 S. Ct. 480 (2015) (No. 15-163), 2015 U.S. S. Ct. Briefs LEXIS 2657 (2015) https://digitalcommons.law.uw.edu/faculty-court-briefs/56