In a unanimous decision the Supreme Court has decided the pleading standard necessary to survive a motion to dismiss for a complaint alleging an ERISA fiduciary entered into a prohibited transaction in Cunningham v. Cornell University. That case involved whether fiduciaries breached their duties of prudence and loyalty by paying excessive fees to service

Calendar year 2020 saw four U.S. Supreme Court decisions dealing with ERISA and employee benefits, three from the term beginning October 2019 and one from the 2020 term.  Another case from the 2020 term, California v. Texas was decided in 2021 (See, Supremes Uphold ACA Again! Find Challengers Lacked Standing).  2022 promises to provide