The Sixth Circuit Decision in Tullis

As blogged about by Roy Harmon, the U.S. Court of Appeals for the Sixth Circuit decided Tullis v. UMB Bank, N.A. a couple of days ago.  I won't get into the details of the decison other than to say that the Sixth Circuit rejected the limits placed on the scope of relief under 29 U.S.C. Sec. 1132(a)(2) by the Fourth Circuit in the LaRue case. 

The panel in Tullis had obviously studied the briefs and oral arguments presented to the Supreme Court in LaRue.  They are clearly very confident that the Supreme Court will reverse the Fourth Circuit.  In any event, it's surprising to me that the Sixth Circuit issued its decision now rather than waiting for the decision in LaRue.