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Employee Benefits › Litigation Strategies › Motion to Dismiss

Jackson Lewis P.C.

Florida District Court Declines to Expand ERISA Disclosure Requirements

Jackson Lewis P.C. on

A Florida district court recently gave TECO Energy, Inc. another victory in an ERISA case when it dismissed Plaintiff’s proposed class action with prejudice. Roche v. Teco Energy, Inc., No. 8:23-cv-01571, 2025 U.S. Dist....more

Jackson Lewis P.C.

Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International

Jackson Lewis P.C. on

The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a...more

Maynard Nexsen

Navigating Increased ERISA Litigation Risk Post-Cunningham: How to Protect Your Plan

Maynard Nexsen on

Under the Supreme Court’s recent decision in Cunningham v. Cornell University, No. 23-1007 (April 17, 2025), plaintiffs asserting that ERISA plan administrators engaged in prohibited transactions under ERISA Section 406 are...more

Holland & Hart - The Benefits Dial

Truck on Fire … Supreme Court Relaxes ERISA Pleading Standards

Holland & Hart - The Benefits Dial on

by Alex Smith The Supreme Court recently issued a decision regarding the pleading standards for ERISA prohibited transactions claims in a case involving Cornell’s 403(b) plan to resolve a federal circuit court split. Under...more

Eversheds Sutherland (US) LLP

Supreme Court lowers pleading standard for ERISA prohibited transaction claims

Eversheds Sutherland (US) LLP on

The US Supreme Court issued a unanimous decision on April 17, 2025 that could have a lasting impact on retirement plan litigation. The decision in Cunningham v. Cornell University clarifies that when plaintiffs bring...more

Miller Canfield

ERISA in the Supreme Court: Implications of Cunningham v Cornell University

Miller Canfield on

On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion in Cunningham v Cornell University, addressing the pleading standard applicable to prohibited transaction claims under the Employee Retirement Income...more

Seyfarth Shaw LLP

First Rulings on Pension Risk Transfer — ERISA Class Actions Reach Opposite Conclusions on Article III Standing

Seyfarth Shaw LLP on

The first two district court opinions deciding whether plaintiffs have Article III standing to challenge pension risk transfers have reached opposite conclusions. One case will proceed to discovery, and the other has been...more

Carlton Fields

“Waive” Your Undeveloped Arguments Goodbye

Carlton Fields on

The case of Mid-S. Iron Workers Welfare Plan v. Harmon, 645 F. App’x 661 (10th Cir. 2016), teaches a valuable, if oft-repeated reminder: undeveloped arguments in the lower court may not be considered on appeal. Harmon...more

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