Central States, SE and SW Areas Health and Welfare Fund v. Health Special Risk, Inc., et al, No. 13-10705 (5th Cir. 2014)
Annotate this CasePlaintiff, a large Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., provider, sought a declaration that defendants, three independent, non-ERISA insurance providers, were bound by the terms of the ERISA plan and primarily liable for injuries sustained by individuals covered by the parties. The district court granted defendants' motion to dismiss. The court concluded that the Central States have failed to state a claim for equitable relief as required by Section 502(a)(3) of ERISA; there was no gap in ERISA's enforcement scheme requiring a federal common law claim for unjust enrichment; and Count I does not adequately state a claim for equitable relief under ERISA 502. Accordingly, the court affirmed the judgment of the district court.
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