Companies that marketed health insurance plans and allegedly charged excessive premiums did not act as fiduciaries of the plans because they did not exercise discretion over plan management or control over plan assets. ERISA does not preempt state-law claims based on defendants' alleged misrepresentations that the premiums charged reflected the actual medical premium amount because the claims did not have a reference to or an impermissible connection with an ERISA. A plaintiff seeking restitution or disgorgement for alleged charges it paid for kickbacks and unrequested benefits cannot assert a claim for equitable relief under 29 U.S.C. Sec. 1132(a)(2) since restitution and disgorgement are not equitable in nature.
The Depot, Inc. v. Caring for Montanans, Inc. - filed Feb. 6, 2019
Cite as 2019 S.O.S. 17-35597
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