Page:United States Reports, Volume 542.djvu/263

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224
AETNA HEALTH INC. v. DAVILA

Ginsburg, J., concurring

clined the opportunity to amend their complaints to state claims for relief under § 502(a); the District Court, therefore, properly dismissed their suits with prejudice. See ante, at 221, n. 7. But the Government's suggestion may indicate an effective remedy others similarly circumstanced might fruit fully pursue.

"Congress . . . intended ERISA to replicate the core principles of trust remedy law, including the make whole stand ard of relief." Langbein 1319. I anticipate that Congress, or this Court, will one day so confirm.