On August 21, 2023, the U.S. District Court for the District of Minnesota largely dismissed—for a second time—a putative ERISA class action challenging “excessive” fees and “poor” performance in a 401(k) plan. Fritton v....more
Recently, federal appellate courts have begun tightening the pleading standards for ERISA breach of fiduciary duty claims based on the fees or performance of funds in 401(k) and 403(b) plans. To state a viable claim based on...more
On July 20, 2023, a federal judge in Massachusetts rejected defendants’ request to certify an interlocutory appeal to the First Circuit to clarify the proper pleading standard for ERISA breach-of-duty claims. See Monteiro v....more
A federal court in Wisconsin recently allowed a putative ERISA class action in Lucero v. Credit Union Ret. Plan Ass’n to proceed to discovery on the claim that a 401(k) plan paid excessive recordkeeping fees. This decision...more
3/24/2023
/ 401k ,
Class Action ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Excessive Fees ,
Fees ,
Fiduciary Duty ,
Motion to Dismiss ,
Multiple Employer Plan (MEP) ,
Pleading Standards ,
Recordkeeping Requirements
Today, the Supreme Court of the United States granted certiorari in three cases:
Amgen Inc. v. Sanofi, No. 21-757: This case concerns the Patent Act’s requirement that a patent’s “specification shall contain a written...more
Hughes v. Northwestern University, No. 19-1401: This case concerns the proper pleading standard for certain breach of fiduciary duty claims brought under the Employee Retirement Income Security Act (“ERISA”)....more