"[A] footnote in the Court's opinion states that the Court declined to rule on whether pension plan participants would be able to bring a similar suit if fiduciary mismanagement jeopardized the employer's and the plan's ability to make benefit payments on a go-forward basis because those facts had not been alleged in the case.... Armed with the reasoning, holdings and conclusions of the Supreme Court in U.S. Bank, ERISA fiduciaries may now have some new grounds to mount a successful defense against plaintiff-participant allegations, particularly in class actions." [Thole v. U.S. Bank N.A., No. 17-1712 (S. Ct. Jun. 1, 2020)]  MORE >>