Blog Post

Feb 15, 2012

NINTH CIRCUIT HOLDS PARTICIPANT STATUS NO LONGER A SUBJECT MATTER JURISDICTION ISSUE (OR DOES IT?)

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Is an ERISA plaintiff’s lack of participant standing a question of subject matter jurisdiction that can be raised at any time or simply a defense to the claim that can be waived if not timely raised?  For now, the answer to that question depends upon the circuit in which the claim is being litigated. 

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