Analysis

Questions Linger After High Court Revives Northwestern Suit

By Kellie Mejdrich (January 25, 2022, 7:21 PM EST) -- Plaintiff-side ERISA attorneys notched a win Monday with the U.S. Supreme Court's decision to revive a proposed class action challenging Northwestern University's handling of its retirement plan, but the unanimous ruling leaves open questions that have attorneys on both sides of the bar wanting more.  

By vacating the Seventh Circuit's May 2020 decision, the high court removed a major hurdle to pursuing Employee Retirement Income Security Act cases alleging that employers' mismanagement of retirement plans breached their fiduciary duty. The justices' opinion made clear that the existence of better investment options in a plan doesn't preclude lawsuits over bad ones. 

But there's still no clear road...

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!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!