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Plaintiffs Face Multiple ERISA Consequences After Cornell Ruling
Willkie Farr & Gallagher LLP in Bloomberg Law 
July 31, 2025 "ERISA plaintiffs have previously sought six- or seven-figure settlements upon clearing dismissal ... The Cunningham decision may disrupt that formula.... [T]he decision may incentivize defendants to skip motions to dismiss and go straight to discovery.... [E]ven when a motion to dismiss is filed, a ruling that preserves a weak prohibited transaction claim may not dispose defendants toward settlement.... [C]ourts may begin to manage discovery in retirement plan class actions more actively." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] MORE >> |
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