CENTRAL STATES AREAS v. GERBER LIFE INS. CO.

No. 13-4834-CV.

771 F.3d 150 (2014)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, an Employee Welfare Benefit Fund, Arthur H. Bunte, a Trustee thereof, in his representative capacity, Plaintiffs-Appellants, v. GERBER LIFE INSURANCE COMPANY, Administrative Concepts, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 14, 2014.


Attorney(s) appearing for the Case

Timothy C. Reuter , ( Emily E. Gleason , on the brief), Central States Funds, Rosemont, IL, for Plaintiffs-Appellants.

Raymond Kresge , Cozen O'Connor, Philadelphia, PA ( Alicia G. Curran , Cozen O'Connor, Dallas, TX, Melissa Brill , Cozen O'Connor, New York, NY, on the brief), for Defendants-Appellees.

Before: CALABRESI, B.D. PARKER, and LYNCH, Circuit Judges.


BARRINGTON D. PARKER, Circuit Judge:

In this appeal from a judgment of the United States District Court for the Southern District of New York (Román, Judge) we consider whether plaintiffs-appellants' claims are ones for "appropriate equitable relief" under § 502(a)(3) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3), or whether the claims are for legal relief which is not available under that section. We conclude...

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