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Court Pares Down Claims by ESOP Participants Against Company Directors, Selling Shareholders

The U.S. District Court for the Northern District of California entered summary judgment on July 6, 2020, in favor of defendants who sold stock to an employee stock ownership plan (ESOP) and faced liability under the Employee...more

Court Holds Contribution and Indemnity Claims May Be Brought Against ERISA Co-Fiduciaries

The U.S. District Court for the Eastern District of Pennsylvania recently joined several other courts in finding that the Employee Retirement Income Security Act (ERISA) permits co-fiduciaries to assert counterclaims for...more

Supreme Court Rules Defined Benefit Plan Members Can't Sue Fiduciaries if Payments Unaffected

In Thole v. U.S. Bank, N.A., the U.S. Supreme Court affirmed, in a 5-4 decision, the U.S. Court of Appeals for the Eighth Circuit's judgment that defined benefit plan participants lack standing to pursue claims of fiduciary...more

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