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Text of Eleventh Circuit Opinion: ERISA Authorizes Claim for Equitable Relief for Alleged Fiduciary Breaches in Plan Enrollment Process (PDF)
U.S. Court of Appeals for the Eleventh Circuit 
June 28, 2022 "This appeal presents a question of first impression ... Section 1132(a)(3) of ERISA authorizes a beneficiary of an ERISA plan to sue for 'appropriate equitable relief' to redress violations of the plan or statute.... The question for us is: Does Section 1132(a)(3) create a cause of action for an ERISA beneficiary to recover monetary benefits lost due to a fiduciary's breach of fiduciary duty in the plan enrollment process? Our answer is 'yes.' " [Gimeno v. NCHMD, Inc., No. 21-11833 (11th Cir. Jun. 28, 2022)] |
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