· 3/25/2009
Kendall v. Employees Retirement Plan of Avon Products
Citations
- 561 F.3d 112
- 46 Employee Benefits Cas. (BNA) 1582
- 2009 U.S. App. LEXIS 6402
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that an ERISA plan participant’s lost opportunity to receive higher benefits did not constitute an injury-in-fact
- narrowing the broad language of Horvath and noting plaintiffs “did have to show that they were generally harmed by the deprivation of a specific right.”
- affirming the district court’s grant of the defendant’s motion to dismiss for lack of constitutional standing
- rejecting proffered Article III injury of “right to a plan that complies with ERISA”
- affirming dismissal for lack of standing for plaintiff’s failure to allege “an identifiable and quantifiable injury” that was “specific to her”
- “claims [that] are effectively claims for money damages [are] outside the scope of § 1132(a)(3)”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wesley, Hall, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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