SCOTUS Seeks Government Input on Home Depot 401(k) Burden (1)

The US Supreme Court asked the federal government on Monday to weigh in on a dispute between Home Depot Inc. and workers challenging the fees in their 401(k) plan.

The case asks the justices to resolve a circuit split over which party in an Employee Retirement Income Security Act lawsuit must prove that alleged losses to a retirement plan were caused by a plan fiduciary’s breach of duty. The First, Fourth, Fifth, and Eighth circuits—with support from the Labor Department—have held that once an ERISA plaintiff has proven a breach of fiduciary duty and a related loss to ...