Cornell Workers' Win Set to Rattle ERISA with Extra Steps, Costs

Litigation attorney Lindsey Camp was cited in a Bloomberg Law article detailing the implications of the U.S. Supreme Court's recent decision in Cunningham v. Cornell University, which is expected to make it easier for employees to challenge 401(k) arrangements under the Employee Retirement Income Security Act (ERISA). The justices acknowledged their ruling could lead to an influx of lawsuits regarding prohibited transactions and retirement plans and suggested introducing court-ordered replies as a procedural step to address these concerns. Ms. Camp said this change could simply add delays and costs without meaningfully impacting case outcomes, especially if courts do not halt discovery during those proceedings. She further explained that defendants will likely have to request these replies, setting up new points of contention between plaintiffs and defendants in already complex ERISA cases.

"It's just an extra procedural step that won't ultimately impact the litigation," she said.

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