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Some Standing Issues Under ERISA (PDF)
Barry L. Salkin, The Wagner Law Group in Benefits Law Journal
Apr. 6, 2017 "The U.S. Supreme Court has defined standing as 'whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.' Subject matter jurisdiction in ERISA litigation involves both constitutional limits on federal courts and prudential limitations on its exercise. Even if a plaintiff has a cause of action arising under a given statute, 'federal courts ... have only the power that is authorized by Article III,' which enforces the Constitution's case or controversy requirement." MORE >> |
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