The December 2015 issue of DRI’s For the Defense magazine features an article examining a decades-long split in the federal courts of appeals over whether an ERISA fiduciary who is jointly and severally liable to an ERISA plan is entitled to seek contribution or indemnity from a more culpable co-fiduciary. This article examines the primary arguments for and against permitting such actions and finds that, while arguments advocating rights of contribution and indemnity are well-founded, recognizing them would likely be a bridge too far under the Supreme Court’s current ERISA jurisprudence
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