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March 02, 2006

CA5 - ERISA Standing

Milofsky v. American Airlines (per curiam)

The Fifth Circuit sitting en banc vacates its prior, controversial ERISA opinion in this case.  The issue is whether a subset of ERISA beneficiaries have standing ot recover damages for a breach of fiduciary duty that only affected a subset of plan members.  The court vacates without taking a position on the issue.  Good luck with that one, district court!

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