appeal, the United States Court of Appeals for the Fourth Circuit affirmed in relevant part. though it observed that the circuits were divided on the question of whether § 502(a)(3) authorized recovery in those circumstances. Opinion of the Court The Court unanimously affirmed the Fourth Circuit in an opinion delivered by Chief Justice John G. Roberts. Under § 502(a)(3) of ERISA, A fiduciary may bring a civil action "(A) to enjoin any act or practice which violates [*11] any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan." The Court believed the only question remaining in the case was whether the relief Mid Atlantic sought from the District Court was "equitable" under § 502(a)(3)(B). The Court analyzed this issue by considering both the nature of the remedy Mid Atlantic sought, and the basis for its claim against the Sereboffs. Equitable nature of relief sought The Court had previously construed section 502(a)(3)(B) of ERISA to only authorize remedies "that were typically available in equity." This was elaborated upon in Great-West Life & Annuity Ins. Co. v. Knudson, in which the Court rejected an ERISA fiduciary's claim for restitution. Knudson had involved similar facts, and the Court had ruled that the restitution sought was not equitable because the funds were not actually in the beneficiary's possession. The liability sought was therefore personal and legal. By contrast, equitable restitution sought to impose a constructive trust or equitable lien on specific funds or property that were in the defendant's possession. The Court believed that Mid Atlantic's claim was one for equitable restitution, because the Sereboffs' possession of the settlement funds satisfied the requirement that was missing in Knudson. Mid Atlantic was not simply seeking to recover from the Sereboffs' assets generally, but rather to recover through a constructive trust or equitable lien on a specifically identified fund. That this action involved a breach of contract claim did not mean that the relief was not equitable, because that would make the ERISA provision that expressly provides for equitable relief to enforce plan terms "an empty promise." Equitable basis for claim Regarding the basis for Mid Atlantic's claim, the Court considered Barnes v. Alexander to be instructive, in which attorneys sued their supervisor to recover the promised