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401k › Supreme Court of the United States › Pleading Standards

Baker Botts L.L.P.

SCOTUS Holds ERISA Requires No Additional Pleading Requirements beyond § 1106 Elements for Prohibited-Transaction Claims,...

Baker Botts L.L.P. on

On April 17, 2025, the Supreme Court of the United States clarified the pleading requirements to bring a prohibited-transaction claim under the Employee Retirement Income Security Act of 1974 (“ERISA”) in Cunningham v....more

Jackson Lewis P.C.

Supreme Court Clarifies ERISA Prohibited Transaction Pleading Standards

Jackson Lewis P.C. on

On April 17, 2025, the U.S. Supreme Court, in a unanimous opinion, resolved a circuit split and established a plaintiff-friendly pleading standard for ERISA prohibited transaction claims in Cunningham v. Cornell University,...more

Kilpatrick

The Supreme Court Delivers Troubling Decision for ERISA Excess Fee Cases

Kilpatrick on

On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion that has the potential to make it more difficult for defendants to have excess fee cases for 401(k) or 403(b) plans dismissed at an early stage of...more

Proskauer Rose LLP

ERISA Newsletter - Fourth Quarter 2019

Proskauer Rose LLP on

Editor's Overview - Happy New Year. We wrap-up 2019 with an article that reflects on significant developments in ERISA litigation during 2019, and takes a look at what's on the horizon for 2020. The courts (at all levels)...more

Littler

Does Jander Signal the Liberalization of Pleading Standards in Stock-Drop Cases? Signs Point to No

Littler on

The Second Circuit sent shock waves through the community of ERISA stock-drop practitioners late last year in Jander v. Retirement Plans Committee of IBM by finding plan participants had plausibly alleged a breach of duty of...more

Proskauer - Employee Benefits & Executive...

U.S. Supreme Court Agrees to Hear IBM’s Challenge to Second Circuit Ruling in ERISA Stock-Drop Suit

Proskauer - Employee Benefits & Executive... on

In December 2018, we reported here that the Second Circuit became the first court at any level to allow an ERISA stock-drop claim to survive a motion to dismiss since the Supreme Court revamped the pleading standard for such...more

Proskauer - Employee Benefits & Executive...

District Court Applies Dudenhoeffer “More Harm Than Good” Standard to Closely-Held Corporation

Proskauer - Employee Benefits & Executive... on

A federal district court in Mississippi ruled for the first time that the “more harm than good” pleading standard established by the Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459 (2014), applied to...more

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