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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

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doi: 10.1136/tobaccocontrol-2013-051059