A recent summary judgment decision from the U.S. District Court for the Northern District of Texas in an ERISA (Employee Retirement Income Security Act) class action challenging the alleged impact of environmental, social,...more
7/11/2024
/ 401k ,
American Airlines ,
Class Action ,
Corporate Governance ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment Management ,
Proxy Voting ,
Retirement Plan
On December 1, 2022, the US Court of Appeals for the Second Circuit vacated a district court’s certification of a nationwide class of 8,000+ retirement plans serving hundreds of thousands of participants in an ERISA action...more
12/8/2022
/ Appeals ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
Loans ,
Predominance Requirement ,
Retirement Plan ,
TIAA CREF ,
Vacated
Welcome to Goodwin’s ERISA Litigation Update. Litigation involving ERISA-governed benefits plans has exploded in recent years. Lawyers in our award-winning ERISA Litigation practice have extensive experience litigating these...more
4/7/2022
/ Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Dismissal With Prejudice ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Investment Management ,
Motion to Dismiss ,
Retirement Plan ,
Retirement Plan Providers ,
Summary Judgment
The U.S. Court of Appeals for the Second Circuit on Thursday, February 4, affirmed the dismissal of an ERISA class-action lawsuit filed against General Electric Company and its former CEO. The complaint had alleged the...more
2/8/2021
/ 401k ,
Appeals ,
Breach of Duty ,
Class Action ,
Dismissals ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Publicly-Traded Companies ,
Retirement Plan ,
Stock Options
The plaintiffs, three plan participants, filed their lawsuit in 2012 and purported to assert claims on behalf of a class of all plans serviced by the defendants, affiliated entities that provided services to the plans and/or...more
10/2/2015
/ Breach of Duty ,
Class Action ,
Class Certification ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Federal Rules of Civil Procedure ,
Fiduciary Duty ,
FRCP 23 ,
FRCP 23(b)(3) ,
Mutual Funds ,
Prohibited Transactions
In Teets v. Great-West Life & Annuity Insurance Company, Case No. 14-2330 (D. Col. May 22, 2015), the U.S. District Court for the District of Colorado denied in part and granted in part a motion to dismiss claims under ERISA...more
The Second Circuit court of appeals held that a court can exercise its equitable powers to reform the terms of a cash balance retirement plan to provide greater benefits than stated in response to material misstatements made...more
Nationwide Life Insurance Co. has agreed to settle ERISA fiduciary breach claims brought on behalf of a class of retirement plan trustees that purchased annuity contracts and/or services from Nationwide for their plans....more
A federal district court in New York last month dismissed a class action complaint brought by a company sponsoring a 401(k) plan. The plaintiff, in Skin Pathology Associates v. Morgan Stanley, alleged, among other claims,...more
In its continuing analysis of when a class may be certified in a case alleging breach of fiduciary duties with respect to a defined contribution plan, the Seventh Circuit, in Abbott v. Lockheed Martin Corporation, reversed...more