Kendall v. Employee Retirement Plan of Avon Prods., 07-4203
In an ERISA class action, district court's grant of plaintiff's motion to dismiss is affirmed where plaintiff lacks the constitutional standing to assert that the plan administrator breached a fiduciary duty or that the plan violates ERISA, as she can cannot show any individualized harm from a direct injury or an injury-in-fact.
- Decided 03/25/2009
- Published 03/25/2009
WESLEY, Circuit Judge., Before: WESLEY, HALL, GIBSON, Circuit Judges.
United States Second Circuit
Edgar Pauk, New York, NY, for Plaintiff-Appellant.
Caitlin J. Halligan, Weil, Gotshal & Manges LLP, New York, N.Y. (Jeffrey S. Klein, Nicholas J. Pappas, on the brief), for Defendants-Appellees.