Under the paradigm created by the Supreme Court’s ruling in a case known as Fifth-Third v. Dudenhoeffer, plaintiffs continue to have difficulty proving standing in ERISA stock drop cases.
Tag: Company stock
The Phillips 66 retirement plan committee has been sued for allowing ConocoPhillips stock funds to be included in the plan's investment lineup.
A federal judge dismissed a consolidated case against Wells Fargo's 401(k) plan fiduciaries.
At the same time, employees in ESPPs are using company stock to address financial wellness needs.
A court used plain language of the ESOP plan document to show the plan administrator's failure to implement participants diversification elections was "arbitrary and capricious."
The judge noted that stock must be purchased at an inflated price and sold at a loss for an economic injury to occur.
As with the lawsuit filed in July, the new complaint says the defendants breached their ERISA fiduciary by retaining the company stock fund as an investment option under its retirement savings plans when a reasonable fiduciary would have done otherwise.
A court shot down several actions plaintiffs suggested Target could have taken when it knew or should have known its stock price was artificially inflated.
On December 1, 2017, the Aon Stock Fund will be liquidated and removed from the plan.
The complaint offers alternative actions Sears could have taken once it realized its stock was an imprudent retirement plan investment.
In April, a federal judge found First Bankers Trust Services Inc. liable for causing an ESOP to overpay for shares of the company’s stock.
The latest decision in RJR vs. Tatum comes out of the 4th U.S. Circuit Court of Appeals, which has previously made multiple rulings on the long-running and procedurally complicated dispute.
A federal court held that First Bankers breached its fiduciary duties to the plan’s participants by failing to conduct a prudent investigation into the fair market value of the shares.
The plaintiffs did not meet pleading standards set forth in Fifth Third v. Dudenhoeffer, according to a district court opinion.
Among other things, the plaintiff alleges the plan committee ignored the numerous warning signs that Chesapeake was an imprudent investment for retirement assets, and allowed the plan to invest more than 44% of its assets in this one stock.
Schwab Partners with eShares; and USAA Deploys Military Retirement Comparison Tool.
In the settlement agreement, the company denied any wrongdoing in its handling of the company stock fund in its retirement plan.
Misrepresentations regarding climate change caused Exxon Mobil's stock price to be artificially inflated, the compliant says.
The bank’s recent troubles over illegal sales practices have led retirement plan participants to file an ERISA stock drop suit, claiming plan fiduciaries continued to offer Wells stock when they knew it was imprudent to do so.
The court found one executive in particular was not a fiduciary to SunTrust's DC plan.