“ERISA is not, however, all sunshine and lollipops.”
-Baker, James P. and Garcia-Yow, Emily L. “The Nuts and Bolts of Severance Plans under ERISA,” BENEFITS LAW JOURNAL, VOL. 28, NO. 2,, P.4 (SUMMER 2015)

July 8, 2020

ProfitSense with Bill McDermott, Episode 11: Nancy Pridgen, Pridgen Bassett Law and Bill Foley, Foley Design

Listen to ProfitSense with Bill McDermott, Episode 11: Nancy Pridgen, Pridgen Bassett Law and Bill Foley, Foley Design.

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June 19, 2020

SCOTUS – ERISA Standing for DB Plan Participants

A Supreme Court opinion issued by Justice Kavanaugh on June 1, 2020 will likely create significant impediments for suits arising from fiduciary mismanagement of defined benefit plans. The 5-4 decision was split along ideological lines and resolved a 7-year-old case from the Eighth Circuit Court of Appeals. Kavanaugh’s opinion, in which Chief Justice Roberts and Justices Alito, Gorsuch, and Thomas joined, affirmed the Eighth Circuit’s dismissal of the case for lack of Article III standing. The Court held that participants in a defined benefits plan must have lost or be at a significant risk of losing money due to plan mismanagement to have standing. In  U.S. Bank v. Thole, the Court held that the plaintiffs had “no concrete stake in the lawsuit” because “win or lose, they would still receive the exact same monthly benefits they are already entitled to receive.”

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June 6, 2020

Welcome to Our Blog

We established this blog to share stories and information about topics relevant to our practice.

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