Case Updates
Eighth Circuit affirms dismissal
October 12, 2017
Click here to view the opinion.
U.S. Chamber urges Eighth Circuit to dismiss ERISA litigation brought by uninjured plaintiffs
September 20, 2016
The U.S. Chamber filed an amicus brief in an Eighth Circuit case addressing whether a participant in a previously underfunded but now overfunded defined benefit plan may bring suit pursuant to ERISA to enforce alleged breaches of fiduciary duty. The court below dismissed the case on mootness grounds; however, the Chamber’s brief submitted an additional argument for why the case should not proceed—that plaintiffs did not suffer an injury in fact sufficient to confer standing. In addition, the brief explained that stopping uninjured plaintiffs from bringing suit against defined benefit plan administrators is necessary to avoid profligate and unconstitutional litigation that would harm—not help—the beneficiaries of those plans.
Brian D. Netter and Travis Crum of Mayer Brown LLPserved as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Order Granting Motion to Dismiss -- Adepipe, et al. v. U.S. Bank, N.A. (USDC - District of Minnesota).pdf
- Issues on Appeal -- Smith and Thole v. U.S. Bank, N.A. (Eighth Circuit).pdf
- AARP and AARP Foundation Amicus Brief -- Smith and Thole v. U.S. Bank, N.A. (Eighth Circuit).pdf
- U.S. Bank Appellate Brief -- Smith and Thole v. U.S. Bank, N.A. (Eighth Circuit).pdf
- U.S. Chamber Amicus Brief -- Smith and Thole v. U.S. Bank, N.A. (Eighth Circuit).pdf
- DOL Secretary Amicus Brief -- Smith and Thole v. U.S. Bank, N.A. (Eighth Circuit).pdf
- Opinion -- Thole v. U.S. Bank, N.A. (Eighth Circuit).pdf