161714P.pdf   05/08/2017  Lisa Jones  v.  Aetna Life Insurance Company
   U.S. Court of Appeals Case No:  16-1714
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Wollman, Circuit 
   Judge] 
   Civil case - ERISA. This court's cases conflict about whether a plan 
   participant or beneficiary bringing a Section 1132(a)(1)(B) claim to 
   recover benefits due her under the terms of the plan may also bring a 
   Section 1132(a)(3) claim to obtain benefits as other appropriate equitable 
   relief for a breach of fiduciary duty by a plan administrator; the two 
   claims assert different theories of liability and a plan participant or 
   benefit can file an action raising both claims; as a result, the district 
   court erred in dismissing plaintiff's Section 1132(a)(3) claim, and the 
   dismissal is reversed; with respect to the district court's order granting 
   defendant summary judgment on plaintiff's Section 1132(a)(1)(B) claim, the 
   plan's determination that plaintiff was not disabled was not unreasonable 
   and the summary judgment is affirmed. Reversed in part, affirmed in part 
   and remanded for further proceedings.