"[The Third Circuit Court of Appeals recently] made clear that any future case must allege harm to participants by showing that they were charged more than is allowed under the plan document. Standing cannot be based on pure conjecture or speculation that the plan sponsor had discretion to lower participant health plan fees if the plan experiences an overall lower rate of health expenses.... The key issue is whether the alleged contribution formula is speculation, or grounded in the J&J plan document. This narrow nuance will define whether plaintiff lawyers have standing to sue health plan sponsors for fiduciary breaches in failing to reduce plan health costs." [Knudsen v. MetLife Grp., Inc., No. 23-2420 (3d Cir. Sep. 25, 2024)]  MORE >>