Kent Mason Weighs in on Recent Supreme Court Ruling on ERISA Pleading Standards with Bloomberg Government
- Published Date: April 18, 2025
- Written By: Davis & Harman
Davis & Harman Partner Kent Mason was recently quoted in the Bloomberg Government article, “High Court’s Cornell Ruling Stands to Supercharge 401(k) Suits,” where he discussed the impact of the Supreme Court’s ruling in Cunningham v. Cornell University on defined contribution plans and plan litigation.
Bloomberg Government reported that, in the unanimous ruling, the Supreme Court said that plan participants suing Cornell University for retirement plan mismanagement only have to make a plausible allegation that the plan engaged in a prohibited transaction to survive a motion to dismiss. The article reports that Justice Sonia Sotomayor, who wrote the majority opinion, conceded “serious concerns” that the Court’s ruling could lead to an “avalanche” of meritless litigation.
Mason is quoted to say:
“This means that plaintiffs can sue every defined contribution plan in the country and survive the motion to dismiss. . . [it’s] a sad day for ERISA plans.”
A link to the full article can be found here.
