Jenner & Block

“Cert Denial in Carolinas Electrical Workers Retirement Plan a Win for ERISA Plan Service Providers,” Employee Relations Law Journal

In this article, Jenner & Block Partners Amanda S. Amert and Craig C. Martin examine the implications of the US Supreme Court’s recent denial of certiorari in Carolinas Electrical Workers Retirement Plan v. Zenith American Solutions, Inc.  The authors give background on the case and explain the Court’s decision.  They observe that the decision to deny certiorari “should give third-party providers to ERISA plans additional comfort that they can limit the potential for inadvertently assuming fiduciary responsibilities by (1) making clear that they are not fiduciaries in their service contracts and (2) avoiding taking on any duties that potentially involve discretionary decision-making or control.”