SCOTUS Holds ERISA Requires No Additional Pleading Requirements beyond § 1106 Elements for Prohibited-Transaction Claims, Acknowledging the “Serious Concerns” of “An Avalanche of Meritless Litigation” Against Plan Fiduciaries
By EsqSocial Corporation 01/05/25
On April 17, 2025, the Supreme Court of the United States clarified the pleading requirements to bring a prohibited-transaction claim under the Employee Retirement Income Security Act of 1974 (“ERISA”) in Cunningham v. Cornell Univ., 604 U.S., 2025 WL 1128943 (2025). Justice Sotomayor delivered the unanimous opinion of the Court, with Justice Alito writing a concurring opinion to which Justices Thomas and Kavanaugh also joined....
By: Baker Botts L.L.P.