Supreme Court’s Cornell decision sets low pleading bar for ERISA claims
By EsqSocial Corporation 23/04/25
In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 (“ERISA”) litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant alleging that a fiduciary engaged in an interested-party transaction under Section 406 of ERISA is not required to plead that statutory exemptions are inapplicable. Instead, the prohibited transaction exemptions provided in Section 408 are affirmative defenses to be pleaded...
By: A&O Shearman