Robert Montanile, Petitioner v. Board of Trustees of the National Elevator Industry Health Benefit Plan.

Summary

The Court held that when an ERISA-plan participant wholly dissipates a third-party settlement on nontraceable items, the plan fiduciary may not bring suit under §502(a)(3) to attach the participant’s separate assets because such recovery is a legal remedy, not equitable. Justice Ginsburg dissented, arguing that the Court should not perpetuate its prior error in Great-West.