James Thole and his merry band of assholes had a pension plan through U.S. Bank. From 2007-2010, the pension plan became underfunded due to investments in a subsidiary, that Thole and his merry band of assholes didn’t think was appropriate.
It’s worth noting, that this was the housing bubble burst time, when pretty much every fucking investment on the planet was losing money, except the people who shorted stocks.
Anyway, Thole and Assholes sued U.S. Bank because they thought the investments they made, were bad, and specifically bad because they were improper.
Since then, the fund has taken off as the economy recovered, and now is overfunded, which means Thole and holes are actually making money if they didn’t sell off like cowardly little bitches.
Yet here they are, still suing on the grounds that U.S. Bank made illegal investments, in an effort to make money off of U.S. Bank outside the investment they made.
So SCOTUS is being asked if Thole and holes must show financial harm before they can even bring such a case to court.
Thole’s team is arguing that even though it recovered, the fact that they caused harm to the securities, they caused harm, even if those securities recovered later.
U.S. Bank was like, “If they lose, they get what they’re getting now in benefits distributions. If they win, they get what they’re getting now in benefits distribution. Nothing changes for these assholes either way. So why the fuck are we even here?”
In a 5:4 decision from all the “right-leaning” justices, SCOTUS decided for US Bank. That basically, Thole and Assholes were getting the exact same benefits whether they won or lost, as US Bank asserted.
The four “left leaning” justices dissented, arguing that the courts are basically making it impossible for real victims down the road to get relief if someone mismanages their retirement account.
Hear oral arguments and/or read about the case here.