· 8/31/1989
The Sommers Drug Stores Company Employee Profit Sharing Trust, Cross-Appellee v. Walter N. Corrigan and Corrigan Enterprises, Inc., Cross-Appellants
Citations
- 883 F.2d 345
- 11 Employee Benefits Cas. (BNA) 1673
- 1989 U.S. App. LEXIS 14055
- 1989 WL 99765
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that although “benefits” and “damages” are mutually exclusive for purposes of determining whether a former employee is a participant in an ERISA plan, the terms have overlapping meaning
- noting that although “benefits” and “damages” are mutually exclusive for purposes of determining whether a former employee is a participant in an ERISA plan, the terms have overlapping meaning
- finding the plaintiffs’ claims were for vested benefits because they were “quite close to a simple claim that benefits were miscalculated”
- “standing is essential to the exercise of jurisdiction, and ... lack of standing can be raised at any time by a party or by the court.”
- observing \Texas has adopted the 'most significant relationship' test of the Restatement (Second) of Conflict of Laws § 6 (1971) for resolving choice of law issues\
- “Standing, since it goes to the very power of the court to act, must exist at all stages of the proceeding”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jolly, Higginbotham, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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