Supreme Court Ruling Makes It Easier for Participants To Sue Plan Fiduciaries
By EsqSocial Corporation 30/04/25
On April 17, the Supreme Court unanimously resolved a circuit split in Cunningham v. Cornell University, holding that plan participants need only allege that fiduciaries engaged in a “prohibited transaction” under the Employee Retirement Income Security Act of 1974, as amended (ERISA) to bring an action for breach of fiduciary duty. The burden to prove that a prohibited transaction did not occur falls to the plan fiduciaries....
By: Lowenstein Sandler LLP