This resolution, however, does not automatically end this court's analysis. Traditional equitable relief can take the form of money damages, particularly in the guise of restitution. An action in restitution can result in the defendant's payment of money, either because that sum of money was itself the thing unjustly taken or because the thing taken has been converted and can no longer be specifically returned. In such a case the payment of money from defendant to plaintiff represents a kind of specific relief rather than compensatory damages. However the plaintiff may seek to cast her claims, she is in fact pleading for compensatory damages.
Money damages are, of course, the classic form of legal relief.
The plaintiff has also asserted that the actions of the defendants constitute a breach of fiduciary duties arising under Mississippi common law. Pilot Life Ins. A law 'relates to' an employee benefit plan, in the normal sense of the phrase, if it has a connection with or reference to the plan. This court cannot say that the Mississippi common law of fiduciary duty necessarily addresses areas of exclusive federal concern. But for the plan's existence, the claimed common law fiduciary relationship between the parties would not have been created.