U.S. Airways v. McCutchen: SCOTUS Hears Oral Argument in ERISA Action

The Supreme Court of the United States on November 27 heard oral argument in U.S. Airways, Inc. v. McCutchen (Case No. 11-1285) which raises 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.  The oral argument transcript is here.  Reuters covered the argument here.