McAllister v. Cross

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Article III standing … ordinarily should be determined before reaching the merits . . . .”
• “[M]oney damages are unavailable under section 502(a)(3) when the plaintiff does ‘not seek to recover a particular fund from the defendant.’” (quoting 547 U.S. at 363)
• attempted recovery of funds allegedly dissipated by fiduciary's mismanagement of a 401(k
• attempted recovery of funds allegedly dissipated by fiduciary’s mismanagement of a 401(k
• “Although we have referred to a plaintiff’s status as a ‘participant’ [of a plan] under ERISA as a question of standing . . . it is a statutory requirement, not a constitutional one.”
• “Unlike Article III standing, which ordinarily should be determined before reaching the merits, statutory standing may be assumed for the purposes of deciding whether the plaintiff otherwise has a viable cause of action.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).