beneficiaries, fiduciaries, or the Secretary of Labor. 29 U.S.C. § 1132(a)(1) — (6). Section 502(e) of ERISA provides that "the district courts of the United States shall have exclusive jurisdiction of civil actions under this subchapter brought by the Secretary or by a participant, beneficiary, or fiduciary.” Id. § 1132(e)(1) (émphasis added). 4 . The only circuit to hold otherwise is the Ninth Circuit, which held in Fentron that an employer could sue even though not a party enumerated in the statute. Fentron, 674 F,2d at 1305 (analyzing the issue in terms of standing). See also, Award Serv., Inc. v. Northern Calif. Retail Clerks Unions & Food Employers Joint Pension Trust Fund, 763 F.2d 1066, 1068 (9th Cir.1985), cert. denied 474 U.S. 1081, 106 S.Ct. 850, 88 L.Ed.2d 890 (1986) (<HOLDING>). Other circuits have criticized the Ninth
holding that despite the specific provisions of section 502 an employer may bring an action under erisa to enforce its terms where the employer alleges specific and personal injury holding an employer may partially enforce a noncompete agreement to the extent it is reasonable under the circumstances holding that supervisory employee is not an employer under the terms of cfepa and because the employer is liable for the employees actions a plaintiff may not maintain an action against the employee individually under conngenstat  46a60 holding that collective bargaining agent representing employees had representational standing and therefore could bring an action under section 502 of erisa holding an employee is an agent of his employer where the employer assumes the right to control time manner and method of work