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Supreme Court Concludes DB Plan Participants Do Not Have Standing to Bring Breach of Fiduciary Duty Claim
The Wagner Law Group Link to more items from this source
June 3, 2020

"The opinion did not directly ... answer the question most were expecting: whether the defined benefit standing analysis turns on the plan's funding status. Instead, the Court appears to have erected a general bar for participants to bring defined benefit fiduciary suits due to the structure of such plans.... If applied literally, the opinion could significantly limit future plaintiffs' defined benefit breach of fiduciary claims. It could also encourage future defendant plan sponsors to rid themselves of defined benefit fiduciary claims by funding their plans during the course of the litigation[.]" [Thole v. U.S. Bank N.A., No. 17-1712 (S. Ct. Jun. 1, 2020)]

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