 Plaintiff sought "appropriate equitable relief" under Section 502(a)(3) not 502(a)(2) chosen by the Ninth Circuit in "Russell".From this word "equitable" Justice Scalia made new law by basing the decision on the purported (ahistorical) bifurcation of English Courts into equity courts and law courts where plaintiffs sue for injunctions and money damages respectively.Professor Langbein asserted that from this incorrect division, Scalia disjoined any possibility of money damages for make whole remedy because he construed Section 502(a)(3) to be limited to a purely equitable remedy.