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Supreme Court Limits Rights of DB Plan Participants to Sue for Fiduciary Violations
Davis Wright Tremaine LLP June 3, 2020 "The Court indicated that until the claimant has suffered an injury in fact, the claimant has not suffered an injury sufficient for standing under Article III of the U.S. Constitution. The Court left open a possible narrow exception -- where a defined benefit plan's mismanagement is so egregious that it substantially increases the risk that both the plan and the employer would fail and would be unable to provide the future benefits promised under the terms of the plan." [Thole v. U.S. Bank N.A., No. 17-1712 (S. Ct. Jun. 1, 2020)] |
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