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Supreme Court of the United States › Pensions

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foley & Lardner LLP

Does the Supreme Court’s Analysis in Thole v U.S., Bank, N.A. Apply to Welfare Benefit Plans?

Foley & Lardner LLP on

In Thole v. U.S. Bank, N.A., 140 S Ct. 1615 (2020), the Supreme Court, in a five to four decision authored by Justice Kavanaugh, held that participants in an ERISA defined benefit pension plan did not have standing under...more

Jackson Lewis P.C.

Private Equity Investments In 401(K) Plans – The DOL Says Not So Fast

Jackson Lewis P.C. on

Hot button ERISA fiduciary issues remain a focus for investment committees of 401(k) plans in 2022. From “excessive” fee litigation – including litigation over the duty to monitor the fees charged by various mutual funds...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

BEWARE Pension Plan Trustees: The United States Supreme Court has Heightened Your Responsibility

Pietragallo Gordon Alfano Bosick & Raspanti,... on

On Monday, January 24, 2022 the United States Supreme Court issued its much-anticipated opinion in the Hughes, et al. v. Northwestern University, et al. case. Before the Court was the issue of whether Northwestern University...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Babcock v. Kijakazi

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On January 13, 2022, the U.S. Supreme Court decided that civil-service pension payments received by dual-status military technicians are not payments based on “service as a member of a uniformed service” under 42 U.S.C. §...more

Epstein Becker & Green

Supreme Court Denies Claim of Dual-Status Military Technician in Retirement Benefits Dispute: SCOTUS Today

Epstein Becker & Green on

The Court has resumed issuing opinions with its holding in Babcock v. Kijakazi, Acting Commissioner of Social Security. This case of statutory interpretation is of particular interest to the relatively small set of...more

Jackson Lewis P.C.

Understanding the Multiemployer Pension Plan Construction Industry Exemption

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The Multiemployer Pension Plan Amendments Act (MPPAA), the Employee Retirement Income Security Act’s (ERISA) progeny, can create significant unexpected liabilities for companies that have agreed to collective bargaining...more

Epstein Becker & Green

#WorkforceWednesday: SCOTUS in Review, Biden Acts to Limit Non-Competes, NY HERO Act Model Safety Plans - Employment Law This...

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we recap the U.S. Supreme Court’s term and its impact on employers. U.S. Supreme Court Employment Law Decisions in Review (see video attached) The Supreme Court’s term ended on...more

Littler

Supreme Court Declines to Hear Appeal in ERISA Class Action Permitting Recalculation of Benefits as Available Relief

Littler on

The U.S. Supreme Court declined to review the Second Circuit’s decision in Laurent v. PricewaterhouseCoopers LLP, which held that retirees could receive money damages in the form of recalculated benefits in a class action...more

Dorsey & Whitney LLP

The Supreme Court - March 1, 2021

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States granted certiorari in two cases: United States v. Vaello-Madero, No. 20-303: Whether Congress violated the equal-protection component of the Due Process Clause of the Fifth...more

Bradley Arant Boult Cummings LLP

Certain “Nunc Pro Tunc” Relief May Still be Available in Bankruptcy

Bradley Arant Boult Cummings LLP on

Translating to “now for then,” nunc pro tunc orders grant backdated relief. Such orders are common in bankruptcy cases. For instance, bankruptcy courts often enter orders retroactively approving retention of professionals,...more

Carlton Fields

Supreme Court Shuts Door on Defined-Benefit Plan Participants’ ERISA Suits

Carlton Fields on

In a recent 5–4 decision, the U.S. Supreme Court shut the door on defined-benefit plan participants’ standing to sue under the Employee Retirement Income Security Act of 1974 (ERISA)....more

Kramer Levin Naftalis & Frankel LLP

Supreme Court Severely Restricts Standing to Sue for Breach of ERISA Fiduciary Duty

Kramer Levin Naftalis & Frankel LLP on

The U.S. Supreme Court (in Thole v. U.S. Bank N.A., available here) recently held that participants in a defined benefit pension plan who have been paid all their monthly pension benefits to date lack standing to sue for...more

Epstein Becker & Green

Supreme Court Holds Defined Benefit Plan Participants Lack Standing to Sue Over Allegedly Imprudent Investment Decisions

Epstein Becker & Green on

In a recent 5-4 decision, the Supreme Court, in Thole v. U.S. Bank N.A., 590 U.S. __ (2020), held that participants in defined benefit pension plans lack standing to sue plan fiduciaries for allegedly imprudent plan...more

Verrill

Supreme Court Holds Pension Plan Participants Lack Standing to Sue Fiduciaries for Breach of Duties

Verrill on

In Thole v. U.S. Bank, a 5-4 Supreme Court decision issued on June 1, the Court held that retired participants in a defined benefit pension plan lack constitutional standing to sue the plan fiduciaries for alleged breach of...more

Dechert LLP

For Whom the Bell Thole(s) – Supreme Court Holds that Fiduciaries Under ERISA-Covered Pension Plans May Be Constitutionally...

Dechert LLP on

Last week, the U.S. Supreme Court ruled on June 1, 2020 in Thole v. U.S. Bank that a participant in a defined benefit (“DB”) plan is constitutionally barred from bringing a fiduciary-breach (or similar) claim under the...more

Nossaman LLP

ERISA Defined Benefit Plan Members Lack Standing to Bring Fiduciary Claims

Nossaman LLP on

The United States Supreme Court recently reviewed the federal constitutional standing requirements for members of a private defined-benefit pension plan who alleged that the plan trustees violated their fiduciary duties. ...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Limits Participant Rights to Bring Actions for Investment Losses in Pension Plans

Pillsbury Winthrop Shaw Pittman LLP on

Good news for defined-benefit pension plan sponsors. Decision should discourage class action litigation involving defined-benefit plan investments....more

White and Williams LLP

Supreme Court Limits Fiduciary Actions Under ERISA

White and Williams LLP on

On June 1, the Supreme Court of the United States decided Thole v. U.S. Bank, National Association, a case involving a breach of fiduciary duty claim under the Employee Retirement Income Security Act (ERISA). In affirming the...more

A&O Shearman

U.S. Supreme Court Holds That ERISA Plan Participants Must Demonstrate Actual Or Imminent Risk Of Loss To Establish Article III...

A&O Shearman on

On June 1, 2020, the United States Supreme Court, in an opinion by Justice Kavanaugh and joined by Chief Justice Roberts and Justices Alito and Gorsuch, held that plaintiffs—participants of a defined-benefit pension...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Groom Law Group, Chartered

Supreme Court Limits Ability of Pension Plan Participants to Sue for Fiduciary Breach

Groom Law Group, Chartered on

In Thole v. U.S. Bank, the Supreme Court held that defined benefit plan participants who are receiving their full pension benefit lack constitutional standing to bring a lawsuit alleging that the plan fiduciaries breached...more

Seyfarth Shaw LLP

The Supreme Court Further Narrows Federal Court Jurisdiction Over an ERISA Complaint, Relying on Article III of the Constitution

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Supreme Court dismissed, prior to any discovery, claims of ERISA fiduciary breach because the plan participant-plaintiffs failed to show that the alleged breaches caused them concrete injury. ...more

Morgan Lewis - ML Benefits

US Supreme Court Bars Claims Involving Defined Benefit Plan Investments

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In a 5-4 decision in Thole v. U.S. Bank N.A., the US Supreme Court has ruled that defined benefit plan participants lack Article III standing to sue for fiduciary breaches that do not harm the individual participants. As the...more

Davis Wright Tremaine LLP

U.S. Supreme Court Limits Rights of Defined Benefit Plan Participants to Sue for Fiduciary Violations

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The U.S. Supreme Court's decision, Thole v U.S. Bank, on June 1, 2020, has limited the right of defined benefit plan participants to sue for fiduciary violations to situations in which the defined benefit plan is unable to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Retirement Plan Participants and Standing: Supreme Court’s New ‘No Harm, No Foul’ Ruling

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Supreme Court of the United States has held many times that the federal courts do not have jurisdiction over a lawsuit unless the plaintiff has standing to sue under the federal Constitution. To have standing, the Court...more

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