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The Cornell Supreme Court Decision Sanctions ERISA Fiduciary-Breach Lawsuits Without Proof of Wrongdoing
Encore Fiduciary 
[Opinion] Apr. 22, 2025 "The Court sanctioned Schlichter's position that an ERISA prohibited transaction claim can be filed with bare-bones allegations that an employee benefit plan entered into a service provider contract -- something that is essential to run every modern plan.... [N]ow all excessive fee lawsuits, including the new genre of excessive fee lawsuits against health plans, will be recast as prohibited transaction claims to avoid a motion to dismiss. This distorts ERISA beyond any possible legislative intent." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] MORE >> |
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