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7th Circuit draws distinction between ERISA case and Supreme Court's Cigna decision

A concurring opinion held that Cigna does not provide for monetary damages in all ERISA cases

Click here to read more about the 7th Circuit's decision in Kenseth v. Dean Health Plan, Inc.

In a concurring opinion in the 7th Circuit’s June 13 decision in Kenseth v. Dean Health Plan, Inc., Judge Daniel Manion distinguished it from the Supreme Court’s Cigna Corp. v. Amara. Specifically, he disagreed with the panel decision that if Deborah Kenseth can demonstrate a breach of fiduciary duty as set forth in the 7th Circuit’s 2010 Kenseth decision, and she can show that the breach caused her damages, she may seek appropriate remedies including monetary damages.

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Melissa Maleske

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