Compliance | September 18th, 2019 Safeway, Aon Agree to Settlement of Excessive Fee Suits A total payment of $8.5 million will settle two lawsuits.
Compliance | September 17th, 2019 U.S. Argues for CalSavers ERISA Preemption in Court Filing U.S. Attorneys have filed a Statement of the Interest of the United States in a lawsuit, offering evidence that the...
Compliance | September 12th, 2019 Parties in MIT Excessive Fee Lawsuit Agree to Settle They have filed a joint motion to stay all trial dates, but have not yet prepared details of the settlement...
Compliance | September 12th, 2019 Inherent Murkiness of ERISA Litigation Prevents Progress There has actually been relatively little helpful legal insight published by the courts, due to the fact that many ERISA...
Compliance | September 11th, 2019 MIT ERISA Lawsuit Plaintiffs Seeking More Information About Gifts From Fidelity The plaintiffs say new evidence came to light from MIT President Rafael Reif’s response to revelations that improper donations were...
Compliance | September 11th, 2019 Greystar Moves to Compel Arbitration of ERISA Complaint Following a high-profile 9th Circuit decision, Greystar argues that the plaintiff signed a Mutual Agreement to Arbitrate Claims that not...
Compliance | September 10th, 2019 Schwab Arbitration Ruling Leaves Unanswered Questions The effect of the 9th Circuit decision on ERISA lawsuits is uncertain, and arbitration is not the perfect option plan...
Compliance | September 9th, 2019 Lowe’s Defense Fails to Get ERISA Suit Dismissed The fiduciary breach lawsuit accuses plan fiduciaries of mapping $1 billion into a fund that lagged peer performance and was...
Compliance | September 6th, 2019 Broad ERISA Lawsuit Targets Texas Grocery Chain Plaintiffs suggest higher than average fees were not attributable to enhanced services for participants, but instead to defendants’ use of...
Compliance | September 6th, 2019 Court Finds Atrium Health’s Benefit Plans Are Governmental Plans A U.S. District Judge in North Carolina determined the health system’s retirement and health plans were established and maintained for...
Compliance | September 5th, 2019 Court Dismisses Prohibited Transaction Claim in MIT Excessive Fee Suit A federal court judge moved forward most claims, but granted summary judgment to Massachusetts Institute of Technology defendants for a...
Compliance | September 3rd, 2019 Groups Urge Supreme Court Not to Undermine Value of Plan Disclosures They argue that retirement plan disclosures give retirement plan participants the “actual knowledge” required by ERISA, whether participants read them...
Compliance | August 29th, 2019 Court Decides Lawsuit Over Multiemployer Plan Withdrawal Liability Is Time-Barred According to an appellate court, a cause of action against a plan sponsors for defaulting on its multiemployer plan withdrawal...
Compliance | August 27th, 2019 Court Remands Case Over OSF Healthcare’s Church Plan Status The 7th Circuit found a district court was hasty in granting summary judgment to the health care system before all...
Compliance | August 27th, 2019 Lawsuit Over TDFs Names Provider as Defendant Participants in the CHS/Community Health Systems, Inc. Retirement Savings Plan have filed a lawsuit against the company, its retirement plan...
Compliance | August 26th, 2019 Because Nonqualified Plan Is an ERISA Plan, State-Law Claims Are Preempted The 6th U.S. Circuit Court of Appeals found Safelite’s NQDC plan to be covered under ERISA, so a participant’s claims...
Compliance | August 22nd, 2019 Transamerica Unable to Dodge ERISA Suit A federal court judge refused to dismiss the case, finding that the new claim was not a released claim in...
Compliance | August 21st, 2019 Court Says Participant Misunderstood Valuation for ESOP Purchase A federal district court judge found that since shares for the ESOP were purchased with borrowed funds, the subsequent lower...
Compliance | August 20th, 2019 Charles Schwab Wins Significant Pro-Arbitration ERISA Decision The 9th Circuit has ruled that Supreme Court decisions show forced arbitration is in fact permissible in the context of...
Compliance | August 20th, 2019 Court Orders Fiduciaries to Restore $6.5 Million to ESOP The court found as a fiduciary to the ESOP, Evolve Bank failed to notice, question or investigate several red flags...