Court Denies Summary Judgement in SafeWay ERISA Lawsuits
The court has ruled that the litigation can proceed to trial because SafeWay’s summary dismissal argument that the plaintiffs’ case...
Tag: Fiduciary
Fidelity Faces Another ‘Pay-to-Play’ Lawsuit
Fidelity faces a third lawsuit alleging the company collects “secret kickback payments” from mutual fund providers on its recordkeeping platform—claims...
Great-West Appellate Court Ruling Clarifies Duties of ‘Parties in Interest’
The appellate court decision tests ERISA’s restrictions on transactions between fiduciaries and non-fiduciary third parties, referred to as “parties in...
12 Years of Litigation Deliver Final Settlement in Tussey vs. ABB
The plan sponsor was previously ordered to make reforms such as using lower-cost share classes and conducting an open recordkeeping...
Intel Wants Supreme Court’s Take on ‘Actual Knowledge’ Under ERISA
A decision by the Supreme Court on the question of what establishes “actual knowledge” of an alleged breach of fiduciary...
Oracle Defeats Most ERISA Class Action Claims
The defense benefited strongly from the fact that expert witness testimony given in favor of plaintiffs was rejected by the...
Parts of Schwab Self-Dealing ERISA Lawsuit Will Proceed
A district court in California has issued a mixed ruling in a self-dealing lawsuit filed against Schwab Retirement Plan Services...
PBGC Makes Pilot Mediation Program Permanent, Adds Fiduciary Disputes
The Pension Benefit Guaranty Corporation has added fiduciary breach cases to the categories of disputes covered by the mediation program.
American Century Defeats Self-Dealing ERISA Lawsuit
The district court had several times ruled against the firm in summary dismissal and discovery decisions—but the firm has prevailed...
Best Practices for Managing ERISA Litigation Risk in 2019
Three Mayer Brown ERISA attorneys discuss the current litigation landscape and offer practical strategies for promoting compliance in 2019.
2019 Could Be Banner Year for ESG in ERISA Plans
Plan sponsors voice concern about a lack of uniform ESG data reporting and lingering regulatory uncertainty—but more and more continue...
Plaintiffs Agree to Drop Empower ERISA Revenue-Sharing Lawsuit
Both parties agreed to dismiss the litigation under Federal Rule of Civil Procedure 41(a), and each party will bear its...
Judge Rules to Dismiss Georgetown University 403(b) ERISA Lawsuit
The colorfully worded opinion chides plaintiffs for failing to acknowledge the unique character of 403(b) retirement plans—including their common use...
ConAgra Brands Faces ERISA Suit Over Interpretation of Plan Document
The complaint argues defendants violated ERISA duties by reinterpreting plan language in a conflicted manner aimed at reducing employer costs.
Mutual of Omaha ERISA Lawsuit Defeats Early Dismissal Motions
In his opinion, the district court judge says an ERISA complaint of this nature does not need to describe in...
Self-Dealing ERISA Challenge Targets Transamerica and Affiliates
The complaint suggests Transamerica continued to offer proprietary portfolios when their rates of return were meaningfully below stated long-term benchmarks.
Assessing Courts’ ERISA Decisions in 2018
Some 83,000 lawsuits have been filed under the Employee Retirement Income Security Act (ERISA) in federal district court since 2009,...
Mercer Sets Goals for DC Plans for the Coming Year
They are centered around three key themes: 1) Secure your foundation, 2) Achieve greater prosperity and 3) Inspire confidence.
Most Counts Against GE Allowed to Proceed in ERISA Lawsuit
The text of a new ruling on GE defendants' summary dismissal motion steps through complex issues of timeliness that are...
9th Circuit Questions Meaning of ‘Actual Knowledge’ for ERISA Statute of Limitations
The appellate court sent a case over Intel's use of alternative investments in its target-date funds back to a lower...