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The Spokeo Decision: New Hope for Defending Against ERISA Claims?
Ogletree Deakins Link to more items from this source
June 16, 2016
"It is easy to imagine circumstances under which a participant or beneficiary suffers no actual harm because of a plan administrator's failure to comply with a request for a plan document ... The Spokeo opinion at least raises the question whether, despite the language of ERISA section 502(a)(1)(A) authorizing such a lawsuit, a plaintiff might lack standing to seek the penalty under ERISA section 502(c) if the plaintiff fails to allege and prove a 'concrete' injury-in-fact other than and in addition to nonreceipt of the requested documents."

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