“Justices Seek Solicitor General's View in US Bank ERISA Suit,” Law360
October 01, 2018
The U.S. Supreme Court on Monday asked the federal government to weigh in on whether the court should consider a petition challenging the Eighth Circuit’s finding that participants in a U.S. Bank pension plan couldn’t sue over alleged fiduciary breaches because the plan was overfunded.
In their weekly order list, the justices invited the U.S. solicitor general to file a brief on two retirees’ bid to overturn the Eighth Circuit’s upholding of a district court’s dismissal of their Employee Retirement Income Security Act suit against U.S. Bank, U.S. Bancorp and various U.S. Bancorp directors. The retirees argued in their June petition for a writ of certiorari that the Eighth Circuit’s ruling put the appeals court at odds with other circuits and the long-held position of the U.S. Department of Labor.