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Thole v. U.S. Bank N.A.

Supreme Court of the United States

January 13, 2020, Argued; June 1, 2020, Decided

No. 17-1712.

Opinion

 [*1618]   [**89]  Justice Kavanaugh delivered the opinion of the Court.

] To establish standing under Article III of the Constitution, a plaintiff must demonstrate (1) that he or she suffered an injury in fact that is concrete, particularized, and actual or imminent, (2) that the injury was caused by the defendant, [***4]  and (3) that the injury would likely be redressed by the requested judicial relief. See Lujan v. Defenders of Wildlife, 504 U. S. 555, 560-561, 112 S. Ct. 2130, 119 L. Ed. 2d 351 (1992).

Plaintiffs James Thole and Sherry Smith are two retired participants in U. S. Bank’s retirement plan. Of decisive importance to this case, the plaintiffs’ retirement plan is a defined-benefit plan, not a defined-contribution plan. In a defined-benefit plan, retirees receive a fixed payment each month, and the payments do not fluctuate with the value of the plan or because of the plan fiduciaries’ good or bad investment decisions. ] By contrast, in a defined-contribution plan, such as a 401(k) plan, the retirees’ benefits are typically tied to the value of their accounts, and the benefits can turn on the plan fiduciaries’ particular investment decisions. See Beck v. PACE Int’l Union, 551 U. S. 96, 98, 127 S. Ct. 2310, 168 L. Ed. 2d 1 (2007); Hughes Aircraft Co. v. Jacobson, 525 U. S. 432, 439-440, 119 S. Ct. 755, 142 L. Ed. 2d 881 (1999).

As retirees and vested participants in U. S. Bank’s defined-benefit plan, Thole receives $2,198.38 per month, and Smith receives $42.26 per month, regardless of the plan’s value at any one moment and regardless of the investment decisions of the plan’s fiduciaries. Thole and Smith have been paid all of their monthly pension benefits so far, and they are legally and contractually entitled to receive those same monthly payments [***5]  for the rest of their lives.

Even though the plaintiffs have not sustained any monetary injury, they filed a putative class-action suit against U. S. Bank and others (collectively, U. S. Bank) for alleged mismanagement of the defined-benefit plan. The alleged mismanagement occurred more than a decade ago, from 2007 to 2010. The plaintiffs sued under ERISA, the aptly named Employee Retirement Income Security Act of 1974, 88 Stat. 829, as amended, 29 U. S. C. §1001 et seq. The plaintiffs claimed that the defendants violated ERISA’s duties of loyalty and prudence by poorly investing the assets of the plan. The plaintiffs requested that U. S. Bank repay the plan approximately $750 million in losses that the plan  [*1619]  allegedly suffered. The plaintiffs also asked for injunctive relief, including replacement of the plan’s fiduciaries. See ERISA §§502(a)(2), (3), 29 U. S. C. §§1132(a)(2), (3).

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140 S. Ct. 1615 *; 207 L. Ed. 2d 85 **; 2020 U.S. LEXIS 3030 ***; 28 Fla. L. Weekly Fed. S 241

JAMES J. THOLE, ET AL., PETITIONERS v. U. S. BANK N. A., ET AL.

Notice: The LEXIS pagination of this document is subject to change pending release of the final published version.

Prior History:  [***1] ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Thole v. U.S. Bank, N.A., 873 F.3d 617, 2017 U.S. App. LEXIS 19907 (8th Cir. Minn., Oct. 12, 2017)

Disposition: 873 F. 3d 617, affirmed.

CORE TERMS

fiduciary, pension, defined-benefit, equitable, mismanagement, retirement, lawsuit, monthly, concrete, loyalty, misconduct, retirees, restore, contractually, disgorgement, vested, shareholders, prudent, defined-benefit-plan, defined-contribution, complicated, injunctive, shortfalls, residual, surplus, hook

Civil Procedure, Justiciability, Standing, Injury in Fact, Constitutional Law, Case or Controversy, Elements, Pensions & Benefits Law, Pension Benefit Plans, Defined Contribution Plans, Plan Types, Estate, Gift & Trust Law, Private Trusts, Private Trusts Characteristics, Trust Beneficiaries, Employee Benefit Plans, Defined Benefit Plans, Administration & Enforcement, Handling of Claims, Judicial Review