01/25/2012 10:26:27 AM EST
9th Circuit: Federal Court Has Jurisdiction Because ERISA Plaintiff Has Colorable Claim
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LexisNexis® Mealey's™ Daily Legal News
SAN FRANCISCO - A federal district court erred in dismissing a claim for disability benefits under the Employee Retirement Income Security Act for lack of subject matter jurisdiction because the claimant asserted a colorable claim that he was a plan participant and, therefore, satisfied the threshold for establishing federal court subject matter jurisdiction, the Ninth Circuit ruled Jan. 23 (Jack C. Leeson v. Transamerica Disability Income Plan, No. 10-35380, 9th Cir.; 2012 U.S. App. LEXIS 1248).
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