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Supreme Court Unanimously Upholds Bare-Bones Pleading of ERISA Prohibited Transaction Claims
Kutak Rock LLP 
Apr. 22, 2025 "This holding will impact ERISA breach of fiduciary pleadings and procedural practice. Defendants' ability to obtain a dismissal of prohibited transaction claims under Rule 12 will be severely limited. However, the Court points defendants to another procedural mechanism to curtail unfettered ERISA fiduciary duty litigation: Rule 7(a) of the Federal Rules." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] MORE >> |
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