Panel Splits On Equitable Relief Issue In ERISA Suit Against Administrator

( December 19, 2025, 3:56 PM EST) -- NEW ORLEANS — In a decision that included a partial dissent, the Fifth Circuit U.S. Court of Appeals on Dec. 18 affirmed holdings contrary to the positions of health plans’ third-party administrator (TPA), ruling that the threshold question of arbitrability had not been “clearly and unmistakably delegated to an arbitrator” and that the Employee Retirement Income Security Act claims for money damages are equitable rather than legal....