United States Second Circuit

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.

Appellate Information

• Decided 03/25/2009
• Published 03/25/2009

Judges

• WESLEY, Circuit Judge., Before:  WESLEY, HALL, GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edgar Pauk, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Caitlin J. Halligan, Weil, Gotshal & Manges LLP, New York, N.Y. (Jeffrey S. Klein, Nicholas J. Pappas, on the brief), for Defendants-Appellees.