Expanded ERISA Remedies Available in Fiduciary Breach Claims: Seventh Circuit | Practical Law
In Kenseth v. Dean Health Plan, Inc., the US Court of Appeals for the Seventh Circuit, applying the US Supreme Court's decision in CIGNA Corp. v. Amara, held that a participant may seek money damages as equitable relief under Section 502(a)(3) of the Employee Retirement Income Security Act of 1974 (ERISA) if the participant can demonstrate that a plan fiduciary breached its fiduciary duty and caused the participant damages.