RJR Wins Third Appellate Decision in ERISA Case
The text of the latest appellate court decision offers some food for thought about whether and to what extent there...
Tag: Litigation
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The More Information ERISA Litigators Have, the Better
An ERISA litigator weighs in on whether information from a new analytics tool would be helpful to attorneys and their...
Disney Plan Fiduciaries Defeat Investment Option Challenge
Plaintiffs unsuccessfully alleged plan fiduciaries should have known that an investment option had the “clear indicia of a growth stock,”...
Adviser Dismissed From BB&T Self-Dealing Litigation
While the advisory firm has now been dismissed from the pool of defendants, the wider case itself will still apparently...
DOL Investigation Results in Plan Restorations
Department of Labor investigators secured a judgement restoring more than $40,000 to plan participants working for a Michigan tire manufacturer.
Judge Moves Forward J.P. Morgan Stable Value Fund Litigation
The plaintiffs seek to represent participants in more than 300 retirement plans which were invested in 78 stable value funds,...
Court Rules For CVS In Stable Value ERISA Challenge
Summarizing its decision, the court observes, “It is well established that the test of prudence ... is one of conduct,...
Fiduciary Caused ESOP Participants To Overpay for Company Stock
A New Jersey District Court judge awarded more than $9.4 million to the plan.
Fujitsu’s Motions to Dismiss 401(k) Excessive Fee Suit Denied
A federal court judge has found the plaintiff’s claims plausible.
Court Asked to Compel Arbitration of Schwab Self-Dealing Suit
According to the motion filed by attorneys, the fact that the plaintiff’s claims are brought pursuant to ERISA’s civil enforcement...
Peabody Energy Stock Drop Suit Dismissed
A judge concluded plaintiffs did not allege special circumstances or offer plausible alternatives according to standards set forth in the...
BlackRock Faces 401(k) Excessive Fee Case
The complaint specifically calls out the use of BlackRock target-date funds which it says use excessive fund layering, subjecting participants...
Judge Deals Blow to Vanguard Fund Comparison in Self-Dealing Case
Ultimately, Putnam Investments prevailed in a lawsuit claiming it and its retirement plan fiduciaries engaged in prohibited transactions by offering...
American Airlines Fails to Get Affiliated Funds Claims Dismissed
The core of the plaintiffs’ claims relate to the use of American Beacon Funds in the plan, which were created...
Intel Wins Suit Over Use of Alternative Investments
A court found the plaintiff in the case had actual knowledge of the facts comprising his claims more than three...
Jackson National Accused of Self-Dealing in DC Plan
The lawsuit also calls out the plan’s default investment fund for having high fees and performing poorly.
Anthem Excessive Fee Case Moves Forward
The only motion to dismiss by the defendants that the court granted concerned a claim that the 401(k) plan should...
District Court Moves Ahead On Oracle 401(k) Challenge
A district court judge in Colorado has sided with the recommendation made by a magistrate judge, ruling that plaintiffs have...
ERISA Legality Claims Need Not Be Administratively Exhausted
An appellate court found 403(b) plan participants were questioning the legality of a plan amendment, which it said is for...
State Plans Face Unique Investment Hurdles
Governmental plan sponsors are generally not policed by ERISA, but they face their own set of “old, obscure laws” that...