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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.