Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2021 Term

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Questions Presented

Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment products or services are sufficient to state a claim against plan fiduciaries for breach of the duty of prudence under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1104(a)(1)(B).

Case Updates

Supreme Court reverses and remands dismissal of ERISA case

January 24, 2022

The Court required lower courts to apply careful, context-sensitive scrutiny to a complaint’s allegations in ERISA excess-fee litigation, as the U.S. Chamber-led coalition had urged in an amicus brief.

U.S. Chamber files coalition amicus brief in ERISA excessive fees case urging U.S. Supreme Court to require district courts to apply careful, context-sensitive scrutiny to a complaint’s allegations

October 28, 2021

Click here to view the coalition amicus brief. In recent years, Plaintiffs’ attorneys have filed a wave of ERISA excessive fee suits, often with cookie-cutter complaints. The U.S. Chamber filed an amicus brief when this case was before the Seventh Circuit.

Jaime A. Santos of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

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