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Supreme Court Urged to Resolve Split on ERISA Standing Requirements in Excessive Fee Cases

Chavez v. Plan Benefit Services, Inc., 108 F.4th 297 (5th Cir. 2024), began when three employees of a single employer sued the service providers of their health and welfare benefit plan for allegedly charging excessive fees...more

Circuit Courts of Appeal Uphold Dismissal of 401(k) Fee Challenges Post-Hughes

Following the U.S. Supreme Court's decision in Hughes v. Northwestern University, courts around the country continue to articulate the pleading requirements for a breach of duty of prudence claim under the Employee Retirement...more

Low-Cost Index Funds in the Crosshairs of New 401(k) Lawsuits

Since late July, at least 10 lawsuits have been filed against large 401(k) plan sponsors that offer certain BlackRock Inc. target-date funds (TDF) among their investment options. In an unexpected pivot away from the 401(k)...more

Supreme Court Stresses Importance of Ongoing Monitoring of All ERISA Plan Investment Options

In Hughes v. Northwestern University, current and former participants in Northwestern University's defined-contribution retirement plans filed litigation on behalf of the plans' participants asserting that the University, its...more

District Court Dismisses 401(k) Excessive Fee Lawsuit

The U.S. District Court for the Northern District of Illinois has dismissed a putative class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (ERISA) by a participant of 401(k) plan against the...more

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