The en banc Sixth Circuit reaffirmed what the Fourth and Eleventh Circuits knew all along.
Ever since Cigna v.Amara, 131 S. Ct. 1866 (2011), in which the United States Supreme Court provided fresh theories (e.g., surcharge) of equitable relief under ERISA § 502(a)(3), some members of the plaintiff's bar found a renewed interest in tagging on a claim for equitable relief when seeking employee benefits under ERISA § 502(a)(1)(B). Defendants were quick to say "whoa" - Amara did not change the long-standing rule under Varity Corp. v. Howe, 516 U.S. 489, 116 S. Ct. 1065 (1996) that a claimant seeking benefits under ERISA § 502(a)(1)(B) had an adequate avenue of relief available, making a claim for equitable relief under ERISA § 502(a)(3) duplicative and therefore not appropriate.
In the district...
