Issue: Whether the U.S. Court of Appeals for the 6th Circuit erred in holding–in conflict with the U.S. Courts of Appeals for the 2nd, 8th, and 9th Circuits–that an ERISA claimant is barred from alleging a claim for breach of fiduciary duty under section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), whenever that claimant has the opportunity to allege a claim for benefits under section 502(a)(1)(B) of ERISA, 29 U.S.C. § 1132(a)(1)(B). CVSG: 05/22/2018.
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