The text of the pro-plaintiff ruling offers a helpful history lesson about several precedent-setting cases that continue to define the borders of the ERISA litigation landscape.
At least some district courts across the U.S. seem to be willing to allow cases alleging the use of outdated mortality tables in the calculation of nonstandard annuity benefits to proceed to trial.
A new district court decision finds Fidelity has breached its fiduciary duties in the operations of its own retirement plan; importantly, the ‘case stated’ ruling ‘addresses only the question of liability, not causation or loss.’
At one point, the plaintiff was proposing a defendant class of all sponsors of smaller 401(k) plans that entered into program agreements with Nationwide through its Retirement Flexible Advantage Retirement Plans Program.
The lawsuit accuses Nationwide 401(k) plan fiduciaries of not negotiating terms for a fixed-income contract comparable to that for its DB plan for the purpose of increasing its subsidiary's profits.
The court concluded that "the amended complaint appears to reflect plaintiffs’ own opinions on ERISA and the investment strategy they believe is appropriate for people without specialized knowledge in stocks or mutual funds.”
Citing previous court decisions, a judge said dismissal is not proper at this early stage and the plaintiffs lack the information to detail their claims until discovery proceeds.
Among other things, the lawsuit accuses defendants of selecting funds that that had no performance history that could form the basis of a fiduciary’s objective decision-making process.
Plaintiffs say the choice of underlying investments in funds using BOK’s CIT structure, as well as the use of BOK’s proprietary money market fund, were to benefit the firm.
More than a decade of litigation ends in a $29 million settlement agreement.
Like so many other large U.S. employers, Salesforce is accused of failing to take advantage of the lowest cost share class available for many of the mutual funds offered in its retirement in a timely manner.
A federal judge dismissed the lawsuit and decided that granting the plaintiffs leave to amend would be futile.
In addition to a payment of $3,470,000.00, Invesco agrees to add non-proprietary ETFs to its 401(k) plans' SDBA.
The defense says the lawsuit should be dismissed because the plaintiffs’ theory of liability is ‘antithetical to the discretion afforded to ERISA plan fiduciaries in designing a 401(k) plan investment menu and contrary to precedent.’
After multiple restatements of the complaint and a previous order curtailing some of the plaintiffs’ claims, CenturyLink has emerged victorious.
Retirement plan fiduciaries at the specialty chemical company are accused of failing to take advantage of the lowest cost share class for many of the mutual funds offered within the plan, among other issues.
The self-dealing lawsuit suggests the firm failed to monitor or control the plan’s administrative expenses, allegedly costing the plan millions of dollars in excessive administrative fees.
The proposed settlement agreement includes non-monetary provisions restricting the 401(k) plan’s recordkeeper from cross-selling retail financial products and services to participants
ERISA attorneys are grappling with the potential implications of the Supreme Court’s new ruling in Intel vs. Sulyma; some are speculating the growing use of electronic delivery methods for retirement plan disclosures may reduce the impact.
The new ruling is being hailed as a victory for retirement plan participants as well as a potentially important precedent-setting case impacting the special three-year statute of limitations that exists under the Employee Retirement Income Security Act.