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KENSETH v. DEAN HEALTH PLAN, INC.

No. 11-1560.

722 F.3d 869 (2013)

Deborah A. KENSETH, Plaintiff-Appellant, v. DEAN HEALTH PLAN, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 13, 2013.

Attorney(s) appearing for the Case

Lisa C. Goldman (argued), Attorney, Lawton & Cates, Madison, WI, for Plaintiff-Appellant.

Catherine M. Rottier (argued), Attorney, Boardman & Clark, Madison, WI, for Defendant-Appellee.

James L. Craig, Jr. (argued), Attorney, Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae Hilda S. Solis.

Before MANION, ROVNER and TINDER, Circuit Judges.

ROVNER, Circuit Judge.

This is Deborah A. Kenseth's second appeal in a lawsuit she filed against Dean Health Plan, Inc., her health insurer, seeking a remedy for an asserted breach of fiduciary duty. The district court has twice granted summary judgment in favor of Dean, and has denied Kenseth's cross-motion for summary judgment. After the district court ruled against Kenseth for the second time, but before Kenseth briefed this appeal, the Supreme Court issued its...

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