Harrison v. TEAMCARE-A Central States Health Plan

MEMORANDUM OPINION AND ORDER

David L. Bunning, United States District Judge

I. Introduction

Defendant Central States Southeast and Southwest Areas Health and Welfare Fund (“Central States”) moves to dismiss Count I of Plaintiff Rodney Harrison’s Amended Complaint for failure to state a claim upon which relief may be granted. Central States argues that Harrison cannot seek equitable relief under ERISA pursuant to § 502(a)(3) because he is able to proceed under § 502(a)(1)(B), another of ERISA’s civil enforcement mechanisms. Central States further insists that a claim under § 502(a)(1)(B) is…