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Supreme Court taking interest in fiduciary cases

Three cases of interest to the Supreme Court have the potential to move the needle in the direction of plaintiffs claims.

By Nick Thornton | Updated on April 14, 2014

Oliver Wendell Homes Jr., forefather of judicial restraint, famously interrupted a lawyer pleading for justice before the Supreme Court, reminding counsel that he was seeking relief before a court of law, not a court of justice.

Justice Holmes’ tenure on the bench ended well before Congress enacted ERISA in 1974. Since then ERISA cases have routinely found their way before the Supreme Court, proving Congress’ ability to write laws that are clear, except when they are not. Searching for trends in past rulings to predict how the high court may now interpret ERISA is an exercise in shoveling smoke, and a temptation Thomas Clark strongly recommends against.

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Nick Thornton

Nick Thornton

Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.

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