old tobacco box Vintage Mayo's Antique Cigarette Box, Carved Wood

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(B) When coverage under the plan was previously offered, the employee had coverage under any group health plan or health insurance coverage

Court Finds Plausible Allegation of ERISA Fiduciary Breach Claim To maintain their ERISA fiduciary breach claim, the participants had to demonstrate that the employer was a fiduciary of an ERISA plan, that the employer breached its fiduciary duties under the plan, and that injunctive or equitable relief is necessary to redress the breach