Joanne Roskey, former Deputy Associate Solicitor at the U.S. Department of Labor (DOL) and former Chief of the Division of Health Investigations in DOL's Employee Benefits Security Administration (EBSA), discusses the recent Wells Fargo dismissal highlighting a challenge plaintiffs face in ERISA health plan fee litigation: the need to prove standing through nonspeculative harm. According to Roskey, the decision underscores that "the plaintiffs have to really plead nonspeculative harm, in the form of higher contribution rates and higher out-of-pocket expenses." While defense wins like Wells Fargo's are mounting, Roskey notes that the legal principles being set are unlikely to deter future suits. Instead, they create "a path potentially for standing to be established," though she warns that doing so will be "very difficult" and require cases with "unique sets of facts that don't contain all this speculative decision-making in terms of how rates are going to get set."