The Supreme Court doesn’t issue a lot of ERISA opinions, but when it does, the pension community pays attention. In its recent decision in Cunningham v. Cornell University, the Court made it easier to sue all plans using third party service providers.
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Will common sense prevail? The Supreme Court will be issuing an opinion on what plaintiffs must plead in their complaints in order to claim that plan service arrangements are prohibited transactions. A decision for defendants could rein in fishing expeditions.
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