Analysis

Justices Urged To Clarify Bar For ERISA Stock-Drop Suits

By Emily Brill (January 8, 2021, 8:32 PM EST) -- Last year, the U.S. Supreme Court punted on a question that has vexed benefits litigators since 2014: What does it take for an ERISA stock-drop suit to withstand a dismissal motion? Now, Wells Fargo employees want the justices to resolve this issue once and for all, in a ruling that could have a seismic impact on how many of these cases make it to trial. 

Their petition, filed Dec. 23, seeks to clarify the pleading standard in a type of Employee Retirement Income Security Act litigation that arises after a corporation with its own stock in its company retirement plan is...

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