Gleason, on the brief), Central States Funds, Rosemont, Illinois, for Plaintiffs Appellants. We agree that the claims are legal claims and accordingly AFFIRM the judgment of the district court. The Court held that plaintiffs appellants’ claims were legal and not for “appropriate equitable relief” under § 502(a)(3) of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. _ Appeal from a judgment of the United States District Court for the Southern District of New York (Román, J.). _ ARGUED: JDECIDED: NOVEM_ Before: CALABRESI, B.D. _ Appeal from the United States District Court for the Southern District of New York. GERBER LIFE INSURANCE COMPANY, ADMINISTRATIVE CONCEPTS, INC., Defendants Appellees. BUNTE, a Trustee thereof, in his representative capacity, Plaintiffs Appellants, v. 13 4834 cv CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, an Employee Welfare Benefit Fund, ARTHUR H. In the United States Court of Appeals For the Second Circuit _ No. Accordingly, the court affirmed the district court's grant of Gerber's motion to dismiss under Rule 12(b)(6).ġ3 4834 cv Cent. The court held that although Central States might well be left without an appropriate remedy as a result of this decision, and that in the future its beneficiaries may be put in the unfortunate position of having to sue their insurance companies to receive benefits to which they are indisputably entitled, the claims raised by Central States are legal, not equitable, and therefore may not be brought under section 502(a)(3). Central States subsequently filed suit against Gerber, alleging various claims for declaratory judgment and injunctive relief pursuant to federal common law and ERISA section 502(a)(3).

The students were also directly insured by separate accident policies written by Gerber. 1001 et seq., employee welfare benefit plan that provides health insurance to participating Teamsters and their dependents. The students were insured by Central States, an Employee Retirement Income Security Act (ERISA), 29 U.S.C. This case arose from injuries suffered by several students during scholastic athletic activities.

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