Supreme Court lowers pleading standard for ERISA prohibited transaction claims
By EsqSocial Corporation 30/04/25
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 prohibited transaction claims under ERISA section 406(a), they are simply required to allege that a prohibited transaction has occurred. They have no obligation to address potential exemptions that may apply at the pleading stage of litigation. Instead, exemptions are affirmative...
By: Eversheds Sutherland (US) LLP