GE Dismissal Motions Mostly Flop in ERISA Self-Dealing Lawsuit
The judge approved just one part of General Electric’s motion to dismiss an ERISA lawsuit alleging self-dealing, allowing seven counts to proceed to discovery.
Tag: ERISA
Can Congress Help Change Sponsors’ Take on In-Plan Annuities?
Experts believe the annuity provider selection safe harbor provision in the Retirement Enhancement and Savings Act could limit fiduciary liability...
9th Circuit Reverses Dismissal of Intel Alternative Investment Suit
The appellate panel concluded that disputes of material fact exist as to the timing of the plaintiff’s actual knowledge of the alleged fiduciary breach, precluding summary judgment for...
IBM Stock Drop Litigation Revived by 2nd Circuit
The decision breaks from other cases in which district and appellate judges have found plaintiffs did not meet strict pleading standards established by the influential Dudenhoeffer decision.
Edward Jones Self-Dealing ERISA Challenge Leads to $3M Settlement
The plaintiffs accused Edward Jones of favoring its own investments and those of its “preferred partners” in its 401(k) plan, at the expense of performance; they also raised...
MetLife Pension Calculations Questioned in ERISA Complaint
The complaint suggests MetLife is failing to meet its obligations to ensure different annuity options offered to pension plan participants are actuarially equivalent default benefit, as required under...
Fiduciary Fitness
ERISA Section 409(b)
Fiduciaries can be personally liable—even for a predecessor’s breach
ERISA Litigators Reflect on Lessons Learned in 2018
Lessons learned from district and appellate court decisions filed this year can help plan sponsor clients better protect their plans and fiduciary staff; 2018 also brought new trends...
9th Circuit Upholds Dismissal of Chevron Fiduciary Breach Lawsuit
The appellate court found that the allegations showed only that Chevron could have chosen different vehicles for investment that performed better during the relevant period, or sought lower...
Trendspotting
Celebrating 40 Years of the 401(k)
...And discussing how it could be further strengthened
Editor’s Letter
No ‘Yes’ Men (or Women)
For 2019, maybe it’s a good idea to put fiduciary training on the committee calendar.
Settlement Proposed in BB&T ERISA Self-Dealing Litigation
The case has been vigorously litigated for over three years; now, just weeks ahead of a scheduled trial, negotiations between the parties have delivered a resolution, pending a...
USC Files Petition for Supreme Court to Review 9th Circuit’s Refusal to Compel Arbitration
The question before the high court is, “Whether an agreement to arbitrate ‘all claims’ that an ERISA plan participant ‘may have’ against a plan fiduciary encompasses a breach-of-fiduciary-duty...
Lawsuit Challenges Health Care Organization’s Governmental Plan Status
A lawsuit claims Atrium Health does not meet the definition of governmental entity under ERISA, so its retirement plans do not fall under ERISA's governmental plans exemption.
ERISA Litigation, Regulation Landscape Set for 2019
Speaking to a room of plan sponsors and specialist consultants in Boston, two ERISA litigation experts offered a detailed review of recent action in big-ticket lawsuits impacting employer...
ERISA Litigation Insights From LexisNexis
Some 83,000 lawsuits have been filed under the Employee Retirement Income Security Act in federal district court since 2009, according to Lex Machina, a LexisNexis company; fewer than...
Fiduciary Duties for Auto-Portability Solution Spelled Out by DOL
The DOL has issued an advisory opinion letter in response to a request by Retirement Clearinghouse (RCH), for the Department’s opinion on the status of certain parties as...
DOL Asks for Input on Retirement Plan Auto-Portability
The request comes in a notice of proposed exemption from prohibited transactions for Retirement Clearinghouse's auto-portability solution.
Key Parts of AT&T ERISA Lawsuit Dismissal Motion Fail
Another district court ruling in the matter of Alas vs. AT&T sides in part with the plaintiffs and in part with the defendants, making yet another amended complaint...