that acts “as a safety net, offering appropriate equitable relief for injuries caused by violations that [§ 1132(a) ] does not elsewhere adequately remedy,” 516 U.S. at 512, 116 S.Ct. 1065. The ir.2006) (“[W]here a plaintiff is provided adequate relief by the right to bring a claim for benefits under ... § 1132(a)(1)(B), the plaintiff does not have a cause of action to seek the same remedy under § 1132(a)(3)(B).”) (quotation omitted); Tolson v. Avondale Indus., Inc., 141 F.3d 604, 610 (5th Cir.1998) (“Because [plaintiff] has adequate redress for disavowed claims through his right to bring suit pursuant to section 1132(a)(1), he has no claim for breach of fiduciary duty under section 1132(a)(3).”). But see Devlin v. Empire Blue Cross & Blue Shield, 274 F.3d 76, 89-90 (2d Cir.2001) (<HOLDING>). Courts in this district have likewise ruled
recognizing constructive trust as appropriate equitable remedy holding that varity corp did not eliminate a private cause of action for breach of fiduciary duty when another potential remedy is available instead the district courts remedy is limited to such equitable relief as is considered appropriate holding that a thwarted remedy is not available holding that the illegality or unconstitutionality of a state or municipal tax or imposition is not of itself a ground for equitable relief in the courts of the united states in such a case the aggrieved party is left to his remedy at law when that remedy is as complete practicable and efficient as the remedy in equity holding that monetary damages may be awarded in a  1132a3 claim because when sought as a remedy for breach of fiduciary duty restitution is properly regarded as an equitable remedy because the fiduciary concept is equitable