Justices Urged To Use IBM Case To Set Trial Courts Straight

Law360 (October 2, 2019, 5:31 PM EDT) -- The U.S. Supreme Court should use a legal battle over IBM's management of its employee stock ownership plan to rein in the misapplication of the high court's 2014 Dudenhoeffer decision on ERISA pleading standards, a plaintiffs lawyers' group and a public interest law firm have told the justices. 

In an amicus brief Tuesday, the American Association for Justice and Public Justice said the Supreme Court should affirm a Second Circuit ruling that revived a group of IBM workers' Employee Retirement Income Security Act suit and said their claims passed muster under the pleading standard established in Fifth Third Bancorp v. Dudenhoeffer.

However, the...

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