"Following the U.S. Supreme Court's decision in CIGNA Corp. v. Amara, plaintiffs have argued, with some success, that ERISA breach of fiduciary duty claims under ERISA Sections 502(a)(2) and (a)(3) may proceed alongside claims for benefits under ERISA Section 502(a)(1)(B) that seek the same relief.... One recent decision ... provides useful insight on how courts approach residual breach of fiduciary duty claims ... after dismissing a claim for benefits ... It demonstrates that, even where a court permits a breach of fiduciary duty claim to outlive a claim for benefits, plaintiffs still may have difficulty establishing an actionable fiduciary breach in the typical claim for benefits context." [O'Rourke v. Northern California Electrical Workers Pension Plan, No. 16-2007, (N.D. Cal. Nov. 2, 2017)]  MORE >>