"Because the plaintiffs suffered no injury from the alleged ERISA fiduciary breach, the court concluded they lacked standing to sue under Article III of the US Constitution. Unlike the lower court decisions, however, the opinion focused on the contractual nature of DB plan benefits -- not on whether the plan was sufficiently funded to avoid any risk to participants' benefits. The decision arguably sets a very high bar for establishing Article III standing to sue over DB plan investments and could deter these cases going forward." [Thole v. U.S. Bank N.A., No. 17-1712 (S. Ct. Jun. 1, 2020)]