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· 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 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.