Legal Alert: Supreme Court Rules that Individual Benefit Plan Participants Can Sue Employers under ERISA


On February 20, 2008, the United States Supreme Court ruled that individuals who participate in an employee benefit plan have the right to sue the employer and other plan fiduciaries for breach of fiduciary duties under the Employee Retirement Income Security Act (ERISA). Previously, federal appeals courts were split on this issue, with some holding that fiduciary duty lawsuits could only be filed on behalf of the plan and not on behalf of individual participants.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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