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As noted in the Performance Food Group case, in order to state a claim under either ERISA section 502(a)(2) or 502(a)(3), a plaintiff must show both that the defendant was an ERISA fiduciary, and that they breached their ERISA fiduciary duties

[DOI] [PMC free article] [PubMed] [Google Scholar] 40.Rose JE, Behm FM, Levin ED

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Especially worrisome are heavy metals that can be absorbed by plants through the soil as some of them are extremely toxic for humans and animals