Decision
From this word "equitable" Justice Scalia made new law by basing the decision on the purported (ahistorical) bifurcation of English Courts into equity courts and law courts where plaintiffs sue for injunctions and money damages respectively.
Professor Langbein asserted that from this incorrect division, Scalia disjoined any possibility of money damages for make whole remedy because he construed Section 502(a)(3) to be limited to a purely equitable remedy. The reason this preemption decision was wrongly decided is that back in the old days in England's courts of equity, it was possible for the court to order money to be paid.
Read more about this topic: Mertens V. Hewitt Associates
Famous quotes containing the word decision:
“Once the decision has been reached, close your ears even to the best counter-argument: a sign of strong character. Thus an occasional will to stupidity.”
—Friedrich Nietzsche (1844–1900)
“Because of these convictions, I made a personal decision in the 1964 Presidential campaign to make education a fundamental issue and to put it high on the nation’s agenda. I proposed to act on my belief that regardless of a family’s financial condition, education should be available to every child in the United States—as much education as he could absorb.”
—Lyndon Baines Johnson (1908–1973)
“The impulse to perfection cannot exist where the definition of perfection is the arbitrary decision of authority. That which is born in loneliness and from the heart cannot be defended against the judgment of a committee of sycophants. The volatile essences which make literature cannot survive the clichés of a long series of story conferences.”
—Raymond Chandler (1888–1959)