"Just over one year ago, the US Supreme Court addressed the pleading requirements for prohibited-transaction claims under ERISA ... The Court recognized the 'serious concern' that its decision could lead to an 'avalanche of meritless litigation,' and suggested five tools that district courts could use to screen out meritless, 'barebones' suits.... While the Supreme Court's five suggestions have not been widely adopted in the year since Cunningham, three of them have been utilized at least once, showing that courts are willing to use these tools in the right circumstances."  MORE >>