Judge throws out New York lawsuit against pension funds

5 July 2024

Elizabeth Pfeuti

A New York judge has dismissed a lawsuit against three pension funds in the New York City Retirement System for violating fiduciary duties.
EU regulation

Judge throws out New York lawsuit against pension funds

July 4th, 2024

A New York judge has dismissed a lawsuit against three pension funds in the New York City Retirement System for violating fiduciary duties.

The lawsuit claimed that the pension funds had disregarded their fiduciary duty by supporting divestment from fossil fuels, which the plaintiffs argued would lead to the funds making investment decisions based on morality rather than focusing solely on the risk and returns on the investment.

They argued that the pension plans’ investment decisions had a detrimental impact on the financial health of their retirement plans and on their plans’ ability to pay the pension benefits they owe.

However, New York State Supreme Court Judge Andrea Masley ruled that the “plaintiffs have not, and will not, suffer any monetary losses based upon defendants’ investment decisions”, Pensions & Investments reports.

Masley referenced Thole v US Bank NA in her ruling, a 2020 case in which the plaintiffs argued that the defendants breached their “duties of loyalty and prudence” by poorly managing and investing the assets of the plan.

This established that plaintiffs must demonstrate that they have suffered an injury that is concrete, particularized, and actual or imminent as a result of the defendants’ investment decisions in order to be eligible for compensation.

Thole v US Bank NA also involved a defined benefit pension plan in which the beneficiaries are entitled to a fixed amount each month, and therefore the plaintiffs would receive the same amount regardless of whether they win or lose this action.

In January, a group of 26 US Republican attorneys general filed an appeal in their legal challenge to a rule over pension funds’ ability to consider ESG factors when selecting investments.

Minerva’s blog focuses on the latest developments in ESG investing and stewardship. Minerva is a global provider of sustainable stewardship solutions with over 25 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data, enabling them to navigate the intricate landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Latest News

SHareholder meeting

Minerva Proxy Update: Shareholder voting signals continued executive pay, board accountability focus

SHareholder meeting

US SEC moves to rescind Rule 14a-8, risks damaging shareholder proposal process

SHareholder meeting

AI-related risks outstripping company governance practices, Railpen report cautions

SHareholder meeting

ASX governance reform: simplification must preserve decision-useful disclosure

SHareholder meeting

Accountability versus allocation: Who is corporate reporting for?

SHareholder meeting

SFDR Review Moves Forward, But Key Questions Remain for Investors

Featured Briefings

Minerva Briefing

Global IPOs: Growth, governance and risk

Minerva Briefing

Shareholder Proposal Voting Trends 2026 H1

Minerva Briefing

Virtual-Only AGMs

Minerva is a global provider of sustainable stewardship solutions with over 30 years of expertise. Minerva empowers investors by providing essential tools, including ESG research and data and expert insights, enabling them to navigate the intricate and ever-evolving landscape of stewardship and proxy voting, whilst ensuring their decisions are well-informed and aligned with sustainable principles.

Related Stories

Disney and ABC sue US FCC over alleged regulatory retaliation

Disney and ABC sue US FCC over alleged regulatory retaliation

August 21, 2026
Read More
Proxy advisor sues Oklahoma over HB 4429 as legal pressure on voting restrictions mounts

Proxy advisor sues Oklahoma over HB 4429 as legal pressure on voting restrictions mounts

August 20, 2026
Read More
Wise faces shareholder lawsuit soon after controversial US shift

Wise faces shareholder lawsuit soon after controversial US shift

August 14, 2026
Read More
Musk Twitter Case

Musk Twitter lawsuit: Court refusal to void verdict reinforces liability for executive communications

July 9, 2026
Read More

Trump’s Anti DEI Order Heads to Court as Investors Hold the Line

April 30, 2026
Read More

Twitter Trial: Court Ruling Raises the Governance Bar on Executive Communications

March 25, 2026
Read More