In Buckner v. Murray, No. 21-cv-567, 2024 WL 1366785 (D.D.C. Mar. 30, 2024), the court dismissed the United Mine Workers of America 1974 Pension Plan’s suit to collect $6.5 billion in withdrawal liability because the trustees...more
6/13/2024
/ Article III ,
Commercial Bankruptcy ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Motion to Dismiss ,
Pensions ,
Standing ,
Trustees ,
Trusts ,
Unions ,
Withdrawal Liability
In a case of first impression in the Tenth Circuit, the Court recently joined the chorus of circuit courts in holding that a 401(k) plan participant alleging excessive investment management or recordkeeping fees must assert a...more
In a striking reversal of approach beginning in the summer of 2022, the District Court for the Eastern District of Wisconsin went from denying, in whole or in part, virtually every motion to dismiss ERISA lawsuits targeting...more
2/2/2023
/ 401k ,
403(b) Plans ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Hughes v. Northwestern University ,
Investment ,
Revenue Sharing ,
SCOTUS
In Matousek v. MidAmerican Energy Co., 2022 WL 6880771, __ F.4th __ (8th Cir. 2022), the Eighth Circuit joined the Sixth and Seventh Circuits in affirming dismissal of ERISA breach of fiduciary duty claims alleging that the...more
10/18/2022
/ 401k ,
403(b) Plans ,
Breach of Duty ,
Class Action ,
Corporate Counsel ,
Dismissals ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fees ,
Fiduciary Duty ,
Investment ,
Recordkeeping Requirements
The Seventh Circuit recently provided a ray of sunshine in what has largely been a gloomy stretch for plan sponsors and fiduciaries defending ERISA breach of fiduciary duty claims based on allegedly excessive investment and...more
9/8/2022
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Dismissals ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Motion for Summary Judgment ,
SCOTUS
Since the Supreme Court’s ruling in Fifth Third Bancorp v. Dudenhoeffer, courts around the country have overwhelmingly rejected ERISA fiduciary-breach claims by 401(k) plan participants seeking relief related to investments...more