Key takeaway: The Supreme Court held that to state an ERISA prohibited-transaction claim under 29 U.S.C. § 1106(a), a plaintiff needs only to plausibly allege the elements contained in § 1106(a) itself and does not need to...more
4/21/2025
/ Affirmative Defenses ,
Appeals ,
Benefit Plan Sponsors ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Federal Rules of Civil Procedure ,
Fee-Shifting ,
Fiduciary Duty ,
Pleading Standards ,
Prohibited Transactions ,
Retirement Plan ,
Rule 11 ,
SCOTUS ,
Split of Authority
Key takeaway: The Supreme Court granted certiorari to address the pleading standards for prohibited-transaction claims under 29 U.S.C. § 1106(a).
On October 4, 2024, the Supreme Court granted certiorari in Cunningham v....more
On December 1, 2022, the US Court of Appeals for the Second Circuit vacated a district court’s certification of a nationwide class of 8,000+ retirement plans serving hundreds of thousands of participants in an ERISA action...more
12/8/2022
/ Appeals ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
Loans ,
Predominance Requirement ,
Retirement Plan ,
TIAA CREF ,
Vacated
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
On Monday, the U.S. Supreme Court vacated the Seventh Circuit’s decision in Hughes v. Northwestern University, an important ERISA case. Although the Court’s decision vacated a Seventh Circuit victory for plan sponsor...more
1/28/2022
/ Benefit Plan Sponsors ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Hughes v. Northwestern University ,
Plan Participants ,
Pleading Standards ,
Remand ,
Retirement Plan ,
Retirement Plan Providers ,
SCOTUS ,
Vacated
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
12/17/2021
/ Benefit Plan Sponsors ,
Breach of Duty ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fiduciary Duty ,
Investment Management ,
Investment Products ,
Investors ,
Oral Argument ,
Pleading Standards ,
Retirement Plan
On December 6, 2021, the U.S. Supreme Court heard argument in Hughes v. Northwestern University, a case debating the allegations necessary to state a plausible claim for breach of ERISA’s fiduciary duties in cases challenging...more
12/9/2021
/ 403(b) Plans ,
Breach of Duty ,
Certiorari ,
Defined Contribution Plans ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Oral Argument ,
Pleading Standards ,
Retirement Plan ,
SCOTUS
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
10/14/2021
/ 401k ,
403(b) Plans ,
Administrative Expenses ,
Appeals ,
Arbitration ,
Benefit Plan Sponsors ,
Breach of Duty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary ,
Fiduciary Duty ,
Investors ,
Motion to Dismiss ,
Plan Participants ,
Pleading Standards ,
Retirement Plan ,
Standing ,
Summary Judgment ,
Vacated
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
7/30/2021
/ 401k ,
Administrative Expenses ,
Benefit Plan Sponsors ,
Breach of Duty ,
Certiorari ,
Class Certification ,
Co-payments ,
Defined Contribution Plans ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Forum Selection ,
Health Plan Sponsors ,
Investors ,
Motion to Dismiss ,
Pensions ,
Pleading Standards ,
Prescription Drugs ,
Retirement Plan ,
Thole v U.S. Bank
The U.S. Court of Appeals for the Second Circuit on Thursday, February 4, affirmed the dismissal of an ERISA class-action lawsuit filed against General Electric Company and its former CEO. The complaint had alleged the...more
2/8/2021
/ 401k ,
Appeals ,
Breach of Duty ,
Class Action ,
Dismissals ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Publicly-Traded Companies ,
Retirement Plan ,
Stock Options