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Supreme Court May Hear Case on ERISA Participants' Standing to Sue
Bloomberg BNA
Mar. 27, 2019 "Because in most instances defined benefit plan participants are not at risk of losing their benefits when the plan loses money -- though the investment losses may make future benefit enhancements less likely -- a requirement of individual harm, whether for statutory or constitutional standing purposes, could effectively preclude participants of these plans from pursuing recovery of plan losses. Second, if the Supreme Court were to rule that individual harm is required as a condition for having statutory standing under Section 502(a)(2) or (3), the ruling could increase the likelihood for mounting an effective argument in defined contribution litigation that plaintiffs lack standing to sue to recover for investment losses in funds in which they did not invest[.]" [Thole v. U.S. Bank N.A., No. 16-1928 (8th Cir. Oct. 12, 2017; cert. pet. filed June 22, 2018)] MORE >> |
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