The US solicitor general advised the US Supreme Court to hear two pending ERISA disputes and rule in favor of the defendant employers, Parker-Hannifin Corp. and Home Depot Inc. The government’s arguments in the Home Depot case come as somewhat of a surprise, because they have the potential to make it harder for the Labor Department to win the ERISA cases it litigates as a plaintiff, said Jaime Santos, co-chair of Goodwin’s Appellate and Supreme Court Litigation practice. According to Santos, prior DOL leaders—including those appointed by Republican administrations—seemed more inclined to see the government’s position as aligned with that of ERISA plaintiffs. “That’s clearly changed,” she said. The pleading standard for challenging retirement plan fees and investment options is a topic that could benefit from clear guidance, Santos said. “There’s really not consistency in the lower courts on this issue, and it has to be frustrating for everyone involved,” she said.
Read the Bloomberg Law article for more.