"As Justice Breyer framed it, the issue was this: if the remedy is, as Olson contends, indeed under Section 503(a)(3), 'where equity is at issue' -- and if the defective summaries were likely to cause harm -- then is it 'sensible' to require CIGNA to refute the class members' claims of harm, case by case? 'That seems sensible to me,' said Justice Breyer. 'I would like to hear you explain why that isn't sensible.' "  MORE >>