Tag: ERISA
ERISA vista
The DOL’s Latest Proposed PTE
How advisers who only do rollovers would avoid prohibited transactions.
Principal Remains as Defendant After CHS Settlement
The proposed agreement stipulates that the class counsel does not intend to seek recovery of any attorneys’ fees or litigation costs from Community Health Systems (CHS) in connection...
Rollins ERISA Challenge Tossed on Technical Issue
The short, pro-defense ruling concludes that the lead plaintiff has not exhausted all potential administrative remedies, making a lawsuit inappropriate at this juncture.
Lawsuit Alleges Fiduciaries Allowed Excessive Fees in Cognizant 401(k)
Fiduciaries are accused of failing to switch to and investigate the availability of lower-cost versions of funds offered in the plan.
After Dismissal, Parties in Cerner Excessive Fee Lawsuit to Discuss Settlement
A federal judge granted Cerner’s motion to dismiss the case then reopened it on the same day, announcing the parties were to discuss a potential settlement.
Revived UPenn 403(b) Lawsuit Reaches Settlement
Details have not yet been published, but a court filing shows the parties have reached an agreement to resolve the long-running case.
Coca-Cola Bottler Faces ERISA Fiduciary Breach Complaint
It’s anyone’s guess at this early juncture whether the fiduciary breach lawsuit will fizzle, though it includes some familiar allegations from other lawsuits filed by Capozzi Adler.
Class Certified in Suit Over TIAA’s Plan Loan Practices
A federal district court judge noted there are more than 460,000 loans at issue.
Has the DOL Found an ESG Middle Ground?
George Michael Gerstein, an ERISA attorney with Stradley Ronon, dissects the DOL’s final rule regarding ESG investing in retirement plans,...
Retirement Plan Participant Tries Cybersecurity Lawsuit Against Abbott Again
The plaintiff filed a first amended complaint on October 23, trying to correct pleading errors after Abbott was dismissed from the lawsuit.
OMB Has Received a Final Fiduciary Rule From DOL
The sense of déjà vu associated with the filing of a finalized fiduciary rule by the Department of Labor is palpable, but one ERISA expert says this version...
DeMoulas Super Markets Agrees to $17.5M Settlement
Plaintiffs accused the profit sharing plan sponsor of investing too conservatively and applying an inappropriate one-size-fits-all default investment allocation for participants.
Excessive 401(k) Fee Suit Filed Against Parent Company of Victoria’s Secret
The lawsuit accuses plan fiduciaries of failing to benchmark recordkeeping fees and failing to monitor investment fees, among other things.
$2.5M Settlement Reached in Teva Pharma Fee Case
The settlement is a victory for the increasingly well-known law firm Capozzi Adler, which has filed numerous ERISA excessive fee lawsuits in the past several years.
737 MAX Boeing Stock Drop Lawsuit Meets Familiar Fate
In the years since the Supreme Court handed a decision establishing strict standards for proving standing, very few stock drop cases have made it past the motion to...
Participants Sue Amway Over Excessive Fees
Plaintiffs claim that as a jumbo plan, Amway had substantial bargaining power regarding investment fees and expenses.
Familiar Fiduciary Concerns Voiced as PEP Market Takes Shape
As with any type of innovation, it should be expected that the architecture, structure and governance of PEPs will likely...
Another Self-Dealing ERISA Fiduciary Breach Lawsuit Filed
The lead plaintiff in the suit says her employer, a large financial services company, has inappropriately prioritized its own investments within a profit sharing retirement plan offered to...
Court Finds Plaintiffs Have Standing to Sue Universal Health Services
The defendants argued that they lacked standing to recover losses for investments in which they did not invest.