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ERISA plaintiff could show subject matter jurisdiction

An ERISA plaintiff was not required to show that he was a plan participant for the purpose of establishing subject matter jurisdiction in his lawsuit challenging the termination of his long-term disability benefits, the 9th Circuit has ruled in reversing ...

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Magnuson-Moss exhaustion rule isn’t jurisdictional

A federal court wasn’t deprived of subject matter jurisdiction in a breach-of-warranty lawsuit by the plaintiff’s failure to first engage in dispute resolution under the terms of her new car lease, the 9th Circuit has ruled in reversing a dismissal.

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