Establishing Standing in Pension Cases for Fiduciary Claims

Relying on the U.S. Supreme Court’s 5-4 decision in Thole v. U.S. Bank (2020), the New York Supreme Court denied plaintiffs standing in Wong v. New York City Employees’ Retirement System, rejecting their position that trust principles should apply. Thole held that standing to bring an ERISA claim of fiduciary breach against a defined benefit pension plan is met under Article III by establishing that (1) a particular injury in fact actually or imminently exists, (2) the defendant caused the injury, and (3) the injury would likely be redressed by judicial relief.

The substance of Wong, now on ...