Tag: ERISA

Many large national employers in the United States have seen the actions of their retirement plan fiduciaries challenged in the federal courts, the latest being Liberty Mutual.

The first lawsuit filed against the firm could be forced into arbitration—an outcome this new class action complaint seeks to avoid.

The defendants allegedly failed to enforce an online security question routine, in turn allowing an unknown individual to steal hundreds of thousands of dollars from an Abbott Labs...

The case in one in a string of lawsuits in which plaintiffs argued the company’s 401(k) plan fees were not properly controlled and that conflicts of interest damaged...

While an appellate court ruled that Mercy Health's pension plan is a church plan exempt from ERISA requirements, a district court must determine whether ERISA's exemption violates the...

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At least some district courts across the U.S. seem to be willing to allow cases alleging the use of outdated mortality tables in the calculation of nonstandard annuity...

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...

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...

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...

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...

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...

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...

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)...