S.D. New York· 9/22/2004
Del Greco v. CVS Corp.
Citations
- 337 F. Supp. 2d 475
- 2004 U.S. Dist. LEXIS 19531
- 2004 WL 2211600
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing Devlin because it allowed section 502(a)(3) claims “only as long as [they] seek[] equitable relief” and the plaintiff sought money damages
- dismissing cause of action against claims administrator for failure to exhaust administrative remedies
- “Whether Plaintiff seeks to clothe this issue in the garb of ‘recovery of benefits’ or ‘breach of fiduciary duty’ does not change the fact that the relief sought—reimbursement for an overcharge under the Plan—is the same.”
- same because “cloth[ing] [allegations] in the garb of . . . ‘breach of fiduciary duty’ d[id] not change the fact that the relief sought—reimbursement for an overcharge under the Plan—[was] the same” as for the plaintiff’s benefits claim
Source: CourtListener parenthetical corpus (CC0).
Judges: McMahon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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