Tag: ERISA
Johnson and Johnson Faces Stock Drop ERISA Lawsuit
Plaintiffs allege plan fiduciaries should have known the company’s stock price was artificially inflated—and that fiduciaries breached their duties of prudence and loyalty by continuing to offer J&J...
ERISA Lawsuit Filed Over Managed Account Arrangement
The complaint alleges that Stadion Money Management and Mutual of Omaha abused their managed account arrangement by putting their own interests ahead of participants’.
Plan Fiduciaries Pay $538,248 for Failure to Timely Remit Contributions
The Department of Labor's Employee Benefit Security Administration (EBSA) also alleged in a lawsuit that fiduciaries to two retirement plans failed to administer the plans, leaving participants unable...
District Court Rules for American Century After Fiduciary Breach Trial
The decision goes into significant detail, but in essence plaintiffs’ approach failed because they relied on bare cost comparisons and statements of industry averages, failing to show any...
State-Based Fiduciary Regulations Take Shape in 2019
Regulators and legislators in a growing number of states say they are acting to fill a perceived void created by...
Putnam Asks Supreme Court to Weigh In On Fund Comparisons in ERISA Cases
The question was included in its petition for writ of certiorari asking the Supreme Court to settle a circuit split about burden of proof in ERISA cases.
Federal Courts Still Parsing Prudent Plan Administration
Attorneys with Mayer Brown say there has been little consensus or direction from the federal courts (at least so far) as to what exactly constitutes prudent administration of...
Advisers Play Important Role in Bringing ESG to ERISA Plan Clients
The Department of Labor issued a Field Assistance Bulletin in 2018 that caused some confusion about its true stance with...
A 2019 To-Do List for Plan Sponsor ERISA Compliance
PLANSPONSOR Magazine has published a 2019 ERISA Plan Compliance Calendar that can help your clients track important due dates and requirements for their qualified plans.
Empower ERISA Revenue-Sharing Lawsuit Voluntarily Dismissed
The court officially ended the case by approving a dismissal motion jointly filed by the parties.
New Q&A Feature Added to ERISApedia.com eSource
Practical answers to technical questions have been added to appropriate locations within ERISApedia.com's Qualified Plan eSource.
Georgetown University 403(b) Plan Defeats ERISA Challenge
In a colorfully worded opinion, the district court judge chides plaintiffs for failing to acknowledge basic facts about the way annuities work and their well-established role in 403(b)...
Compensation Definition and Plan Docs at Heart of ConAgra ERISA Lawsuit
The complaint stems from defendants’ alleged refusal to pay post-termination benefits to the plaintiff—and a sizable similarly situated class of would-be beneficiaries—pursuant to terms and definitions in plan...
Court Refuses to Dismiss Mutual of Omaha Self-Dealing Suit
The decision against Mutual of Omaha’s preliminary motions to dismiss a self-dealing lawsuit underscores the way district court judges tend to allow for discovery in ERISA matters, given...
Transamerica Faces Familiar Allegations in ERISA Complaint
Similar to a lawsuit the firm settled a few years ago, a newly filed district court complaint says Transamerica “saddled its defined contribution plan participants with substandard investment...
2018 Delivered Key Decisions in ERISA Cases
ERISA lawsuits very often lead to settlements or dismissals, but 2018 brought a series of important and potentially precedent-setting decisions in both district and appellate courts.
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.
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...