Accessibility Tools

Skip to main content

Supreme Court Gives Green Light to More Retirement Plan Lawsuits

Written on .

Over the last couple of years, more than 150 lawsuits have been filed by employees claiming that their employer's pension plans include poor investment options, charge excessive fees, or otherwise violate fiduciary obligations in prudent management of retirement plans under ERISA.  Plan fiduciaries have attempted to defend these cases by arguing that they offer an array of investment options, and that the plan should not be liable for offering poor performing or expensive funds if the plan also offers prudent, inexpensive options.  In a unanimous ruling in January, however, the U.S. Supreme Court ruled that plan fiduciaries must conduct their own independent evaluation to determine which investments may be prudently included in a plan's menu of options.  "If the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty," Justice Sotomayor said in the Court's opinion.  Hughes v. Northwestern University, No. 19-1401, 1/24/22.  Justice Sotomayer did say:  "The courts must give due regard to the range and reasonable judgments a fiduciary may make based on her experience and expertise." 

This is part of our April 2022 Newsletter.

View newsletter online

Download the newsletter as a PDF

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.
airport, fence
On Friday the United States Supreme Court lifted the stay that prevented the federal government from removing people who have parole status…
venezuelan flag
The Trump Administration’s immigration actions have created confusion and frustration for employers who are trying to maintain a legal and…
a painted of a different looking people
In the Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) released March 19, 2025, the go…
seating, indoors, government building
Occasionally, Immigration & Customs Enforcement (ICE) agents, or those from other state and local agencies, come to an employer’s facil…
irst woman jury, Los Angeles
Fairness is a fundamental human instinct.  For example, whatever the rights and wrongs of an employee’s firing, the manner in which the emp…
person reading newspaper on bench outside
Although the list of current issues that are relatively new and critical affecting employment decisions could get quite lengthy, this autho…