Member Update From Ellie Kennedy
Update from UE’s Vice President of Resolutions Management and General Counsel
April 2025
On April 17, the Supreme Court issued a ruling involving United Educators member Cornell University. The court reversed the appellate court and remanded the Cunningham v. Cornell case back to the trial court.
The Court’s ruling unfortunately increases the risk of litigation against our members at a time when they already face considerable challenges. Importantly, the Court acknowledged potential consequences of its decision and provided guidance on procedural rules available to trial courts to minimize them. We will continue to defend Cornell in the case and consider ways to help our members navigate the increased risk created by this decision so that they do not need to divert resources from their essential teaching and research missions to defend meritless lawsuits.
The case centers on how colleges and universities manage their 403(b) retirement plans under the Employee Retirement Income Security Act (ERISA). You can read the decision here.
We thank Cornell, the appellate team and the more than 20 organizations filing amicus briefs including the American Council on Education, the U.S. Chamber of Commerce, and AT&T.
This is the sixth time UE has supported a member all the way to the highest court of our country. I want to assure you that we stand by our commitment to defend our members when matters of principle arise.
We will review the ruling and consider ways to help our members navigate related liability concerns.
Ellie Kennedy
Vice President of Resolutions Management and General Counsel
