8th Circ. Revives ERISA Suit Against Wal-Mart

Law360, New York (November 25, 2009, 7:00 PM EST) -- Faulting the lower court for confusing the issues and inferring facts in the defendants’ favor, a federal appeals court has revived a putative class action alleging Wal-Mart Stores Inc. and its executives violated the Employee Retirement Income Security Act.

On Wednesday, the U.S. Court of Appeals for the Eighth Circuit reversed the lower court’s dismissal of the lawsuit brought by a Wal-Mart employee, pointing out a critical failure to properly distinguish between the plaintiff’s constitutional standing and his potential causes of action as a participant in...
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