This was the first successful assertion of the make-whole defense in the 9th Circuit since Providence v. Bush, 461 F.Supp.2d 1226 (DC WA 2006) and the first anywhere in the federal courts in ERISA cases after the Supreme Court’s decision in US Airways v. McCutchen,, 569 U.S. 88 (2013). The case was filed and decided  was in the Central District. Decided on March 27, 2025 the case is Aetna Health Insurance Company of California v. Rebecca Cianciulli (2:25-cv-000762-WHL-SKx)