Alerus Scores New Tool in ERISA Suit After SCOTUS Cornell Case

A federal judge demanded additional court filings from OC Communications workers suing over their employee stock ownership plan—a defendant-friendly move suggested by the US Supreme Court in its most recent ERISA decision.

Judge Daniel J. Calabretta ordered the employees to file a reply under Federal Rule of Civil Procedure 7(a) supporting their ERISA claims of prohibited transactions against stock plan trustee Alerus Financial NA. This “uncommonly used tool” was recommended by Justice Samuel Alito as a way for judges to protect against “potentially meritless” claims under the Employee Retirement Income Security Act, the judge said in one of the first ...