3rd Circ. Makes Defending ERISA Cases Tougher For Schools

By Emily Brill (May 3, 2019, 10:17 PM EDT) -- The Third Circuit's ruling in a proposed Employee Retirement Income Security Act class action against the University of Pennsylvania set important precedent in two areas and will likely make it easier for workers to get these cases past motions to dismiss.

The first appellate ruling to emerge from a wave of roughly two dozen university retirement plan cases, the opinion held that workers can accuse universities of mismanaging their savings without inside knowledge into plan oversight practices, and universities can't skirt these suits by pointing to the breadth of their plan's investment lineup. Schools also must ensure the plan's investments are...

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