We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Solicitor General Asks Justices To Hear US Bank ERISA Suit

Law360 (May 21, 2019, 9:45 PM EDT) -- The solicitor general urged the U.S. Supreme Court on Tuesday to consider the Eighth Circuit’s finding that U.S. Bank pension plan participants can’t allege fiduciary breaches under the Employee Retirement Income Security Act once a plan becomes overfunded, arguing that plans fluctuate and participants can sue even if they haven’t lost money.

In a 30-page amicus brief, the solicitor general argued two U.S. Bank pension plan participants have standing to sue under ERISA over breaches of fiduciary duty, even if they haven’t been financially injured, and the Eighth Circuit’s ruling that found otherwise is at odds with multiple other circuits....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Supreme Court

Nature of Suit

3791 Employee Retirement Income Security

Date Filed

June 27, 2018

Law Firms


Government Agencies