District Court Holds Terminated Employees’ Severance Claims Can Proceed
Plaintiffs alleged their company manufactured negative performance reviews to avoid paying them benefits.
Tag: ERISA Litigation
NJ Medical Center Group Accused of 403(b) Mismanagement
Participants allege breaches of fiduciary duty in ‘at least five interrelated respects.’
Capital Group’s Appeal to SCOTUS Puts into Question Participant Standing in Plan Litigation
The long-standing practice of participants suing on behalf of other plan members, the subject of differing appeals court decisions, could...
Aon Faces ERISA Suit Alleging Self-Dealing in Voluntary Benefits Program
Plaintiffs claim the firm received more than $14 million in commissions and fees tied to benefits offered to its employees.
Consent Order Allows DOL to Give Lost Retirement Plan Assets to Law Firm Employees
The firm’s nearly $6.5 million in retirement plan assets have now been properly distributed to employees.
Voluntary Benefits: A Small Wave With Big Potential
Experts say the magnitude of the litigation may hinge on the money at stake.
Ruby Tuesday ‘Top Hat’ Plan Case Denied Hearing at Supreme Court
The decision leaves intact a ruling favoring a plan trustee and preserves differing interpretations among appeals courts about remedies available...
ERISA Rule for Fiduciary Breach Cases Overturned by 11th Circuit
Florida, Georgia and Alabama employers lost a procedural defense that required participants to exhaust plan claims procedures before filing fiduciary...
Federal Appeals Court Holds Recordkeeper Contract Can Be Plan Document
The 4th Circuit’s decision conflicts with other circuits in that administrative service agreements are not required by ERISA to be...
District Court Rules Voluntary Benefit Falls Under ERISA’s Purview
A federal judge found that Lockton Companies went beyond merely collecting employee premiums for disability insurance.
Appeals Court Finds Employer Liable for Diverted Employee Contributions, Unpaid Health Claims
The US 5th Circuit Court of Appeals backed the Department of Labor in a fiduciary breach case and barred the...
Beyond ‘Meaningful Benchmarks’: What Sponsors, Fiduciaries Can Learn From Intel Oral Arguments
Sponsors and fiduciaries need a meaningful comparative for funds, but it is unclear what the Supreme Court may recommend.
401(k) Participant Sues Rockland Trust Over Fund Performance
The plaintiff alleges that fiducuaries' failure to remove an underperforming actively managed mutual fund from the 401(k) plan's menu led...
Trader Joe’s Loses Duty to Monitor ‘Excessive’ Fees Count, but Prevails on Forfeiture, Investment Performance Claims
The grocery chain was ordered to pay $1.2 million out of the more than $9 million former employees sought.
Supreme Court Probes ‘Meaningful Benchmark’ Definition in Intel Oral Arguments
The parties did not agree on the definition during Tuesday’s proceedings.
District Judge Dismisses Plan Forfeiture Case Against Liberty Mutual
According to the ruling, the insurer was under no obligation to use unvested employer plan contributions for participants’ benefit.
CGI Sued Over Retirement Plan Fund, Alleging $168M in Losses
The complaint claims fiduciaries kept an underperforming fund in the company’s 401(k) plan despite lagging returns and significant outflows of...
ERIC Urges 2nd Circuit to Uphold Dismissal of Forfeiture Case Against WPP Group USA
The ERISA Industry Committee argued that Congress and the Treasury Department have long permitted employers’ use of unvested funds to...
EBSA’s Aronowitz Stresses Goal of Limiting Litigation, Speedy Finalization of Alts Rule
Speaking at the PLANSPONSOR National Conference, the Employee Benefits Security Administration head touted his focus on reducing ‘meritless cases.’
DOL Defends Against Forfeiture Litigation in 3 Oral Arguments
The department sided with employers in oral arguments before multiple circuit courts of appeal, urging judges to uphold lower-court decisions...