Law360 (October 9, 2020, 8:56 PM EDT) — A New York federal judge ruled Friday that aides for two Brooklyn-based home health care providers can’t bring a proposed ERISA class action over a health plan that is overfunded by nearly $23 million, pointing to the recent U.S. Supreme Court ruling in Thole v. U.S. Bank NA.

U.S. District Judge Ann M. Donnelly agreed in her order that Thole was dispositive of the case and granted Preferred Home Care of New York LLC and Edison Home Health Care’s motion to dismiss the Employee Retirement Income Security Act suit from the certified home health aides.

In Thole, the Supreme Court ruled…