U.S. Airways v. McCutchen: SCOTUS to Hear ERISA Case

I recently came across this case and realized that we should add it to the Watch List of Pending Cases.  

In U.S. Airways v. McCutchen (Case No. 11-1285), the Supreme Court of the United States will decide the following issue:

Whether the Third Circuit correctly held -- in conflict with the Fifth, Seventh, Eighth, Eleventh, and D.C. Circuits -- that Section 502(a)(3) of the Employee Retirement Income Security Act (ERISA) authorizes courts to use equitable principles to rewrite contractual language and refuse to order participants to reimburse their plan for benefits paid, even where the plan’s terms give it an absolute right to full reimbursement.

The Supreme Court's web page for the case is here.  Oral argument is on calendar for November 27, 2012.