December 03, 2021
With the last set of orals for the year on deck, the U.S. Supreme Court on Monday will seek the answer to a big question for Employee Retirement Income Security Act litigators: How do claims of excessive fees and retirement fund mismanagement get past a motion to dismiss?
October 29, 2021
The U.S. Chamber of Commerce urged the nation's highest court not to revive a lawsuit from Northwestern University workers who said the school mismanaged their retirement savings, arguing that voiding the school's win would add to a recent deluge of federal benefits suits.
October 22, 2021
Northwestern University urged the U.S. Supreme Court to uphold a Seventh Circuit ruling ending a lawsuit that claimed the school allowed its retirement plans to pay excessive fees, arguing that reviving the case would encourage "judicial micromanagement" of plan fees.
October 01, 2021
A new U.S. Supreme Court term kicks off Monday, setting the stage for the justices to decide several employment-related cases, including a challenge from CVS to an appeals court loss in a discrimination battle. Here are four questions about workplace law the high court is poised to answer.
September 07, 2021
The Seventh Circuit created a loophole in federal benefits law by holding that Northwestern University couldn't be sued for allegedly squandering workers' retirement savings on excessive fees because the plan participants had a variety of investment options, current and former employees told the U.S. Supreme Court.
July 07, 2021
The U.S. Supreme Court had plenty of chances to weigh in on ERISA matters this term, considering petitions to take up cases involving retirement plan fees, retiree health benefits and company stock in benefit plans. Here, Law360 breaks down what made it onto the docket and what issues the high court refused to hear.
July 02, 2021
The U.S. Supreme Court agreed Friday to review the Seventh Circuit's decision to toss a proposed class action against Northwestern University, wading into one of the hottest topics in ERISA litigation: how to get a challenge to a retirement plan's fees and investments past a motion to dismiss.
June 25, 2021
Benefits litigators have no shortage of cases to watch in 2021's second half, as courts consider high-profile questions such as when a retirement plan's investments are adequately diversified, how suits over plan fees can clear dismissal bids, and whether plans can make workers arbitrate claims of plan mismanagement.
June 11, 2021
Northwestern University workers have further urged the U.S. Supreme Court to review a Seventh Circuit decision tossing their challenge to the university's retirement plan investments and fees, arguing the federal government was right to question the ruling in an amicus brief.
October 05, 2020
The U.S. Supreme Court has refused to wade into a battle over benefits for Dallas first responders and turned away two other cases hinging on pension withdrawal liability, but it asked the federal government to weigh in on Northwestern University workers' push to revive a proposed class action claiming their retirement savings were mismanaged.