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Supreme Court Likely to Consider Ability to Sue Even When DB Plan Remains Fully Funded After Alleged Fiduciary Breach
Pensions & Investments Link to more items from this source
June 7, 2019

"The U.S. Solicitor General is recommending that the Supreme Court accept an ERISA case questioning whether pension plan participants can sue plan fiduciaries if they have not experienced financial harm.... [T]he 8th U.S. Circuit Court of Appeals said participants did not have statutory standing to assert breach of fiduciary duty based on an alleged failure to diversify investments, since the participants had not suffered any individual financial harm." [Thole v. U.S. Bank N.A., No. 16-1928 (8th Cir. Oct. 12, 2017; cert. pet. filed June 22, 2018)]

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