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Seventh Circuit Finds Expanded ERISA Remedies Available in Fiduciary Breach Claims
Practical Law Company Link to more items from this source
June 18, 2013

"Applying Amara, the Seventh Circuit concluded that monetary compensation is not automatically considered legal rather than equitable for Section 502(a)(3) purposes. Rather, the participant could seek make-whole money damages as an equitable remedy under ERISA Section 502(a)(3) if the participant can demonstrate that: [1] The plan breached its fiduciary duty to the participant. [2] The breach caused the participant damages." [Kenseth v. Dean Health Plan, Inc., 2013 WL 2991466 (7th Cir. June 13, 2013)]

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