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Supreme Court Delivers Troubling Decision for ERISA Excess Fee Cases
Kilpatrick Townsend 
Apr. 22, 2025 "[T]he best near-term hope is if district courts ... take the strong encouragement from the Alito concurrence (and the more moderate encouragement from the main opinion) to consider the Reasonable Compensation Exemption at the motion to dismiss stage ... In addition to the alternatives recognized by the Court, the [DOL] could possibly take steps to address the potential for meritless excess fee cases discouraging employers from continuing plans." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] MORE >> |
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