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A agrees to pay money to B, but instead spends the money on something else. Can A recover?
It may sound like the world’s easiest law school exam, but this question arises under ERISA, where nothing is easy. So this is a question only the U.S. Supreme Court can answer.
Nancy Ross is a partner in Mayer Brown’s Chicago office and a member of the firm's ERISA Litigation practice.
Brian Netter is a partner in Mayer Brown’s Washington, D.C., office and a member of the firm's Supreme Court and Appellate practice.
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