Tag: Participant Lawsuits

The 6th Circuit said if 403(b) participants had tried to use the plan's administrative remedies for claims a plan amendment violated ERISA, it would have been futile.

An opinion handed down by The United States District Court for The Western District Of North Carolina, Charlotte Division, rules in favor of the defendant, Bank of America,...

Two lawsuits filed against the company alleging a failure to prudently manage retirement plan investment and administrative fees have survived preliminary motions to dismiss. 

The firm has been deemed liable for violations stemming from a “rushed” ESOP valuation—although some claims of wrongdoing leveled against the firm at trial were denied.

Discussion of 401(k) litigation often fails to draw important distinctions between different ERISA standards that pertain to fiduciary prudence and controlling plan costs, according to one reader of...

Among other things, the plaintiff alleges the plan committee ignored the numerous warning signs that Chesapeake was an imprudent investment for retirement assets, and allowed the plan to...

After agreeing with a district court that employees sold from Anheuser-Busch's controlled group of companies deserve enhanced pension benefits, the 8th Circuit remanded the case back to the...

An appellate court has remanded the case back to the district court to re-evaluate the calculation of damages.

For claims alleging a fiduciary breach based on non-public information, the high court has held that plaintiffs must plausibly allege an alternative action fiduciaries could have taken and...

For one thing, a judge found plaintiffs' allegations concerning switching to a newly created Reliance Trust Company TDF were sufficient to state a claim.

While several church plan challenges wait on SCOTUS review, another has been settled.

An ERISA lawsuit filed against TIAA by employees of the University of Chicago and Nova Southeastern University has been dismissed by a federal judge, who ruled TIAA should...

All three lawsuits filed in New York district court argue the company improperly favored its own investment options within the retirement plan offered to workers; the firm flatly...

JPMorgan Chase Bank is now the target of another ERISA challenge against its own 401(k) plan, this one leveling many of the same complaints against the company found...

The underlying complaint suggests the retention of American Century's proprietary mutual funds in its own 401(k) has cost plan participants millions of dollars in excess fees.

The underlying stock drop litigation had already seen multiple rulings from a New York district court and the 2nd Circuit. 

A judge concluded that the legal and factual merits of plaintiffs’ claims are better resolved on a fuller factual record, either in the context of a motion for...

Federal agencies and initiatives carry significant momentum and must be redirected carefully, but forcefully, by any incoming president.

Speakers from the DOL will discuss basic fiduciary do’s and don’ts associated with operating an employer-sponsored retirement plan. 

The lawsuit alleges the defendants failed to loyally and prudently monitor the fees and performance of 401(k) plan investment options, and simply retained in-house funds to enrich T....