Tag: retirement plan litigation

Cerner Corporation Targeted in Excessive Fee Suit

Repeating a number of excessive fee lawsuits filed, the complaint says the defendants did not try to “reduce the plan’s expenses or exercise appropriate judgment to scrutinize each investment option that was offered in the plan to ensure it was prudent.”

Supreme Court Passes on Review of Putnam Burden of Proof Case

Putnam had asked the high court whether the plaintiff or the defendant bears the burden of proof on loss causation under ERISA to determine “whether showing that particular investment options did not perform as well as a set of index funds selected by the plaintiffs with the benefit of hindsight, suffices as a matter of law to establish 'losses to the plan.'”

Chemical Distributor Faces Excessive Fee Suit Against 401(k) Plan

The plaintiffs say defendants failed to utilize the lowest cost share class for many of the mutual funds within the plan, and failed to consider collective trusts, commingled accounts, or separate accounts as alternatives to the mutual funds in the plan, despite their lower fees.

Plan Sponsors Sued for Investment Menu Practices

With regard to “improper selection and monitoring of plan service providers,” the lawsuit specifically names a broker/dealer representative whom it says was terminated in 2014 for “failure to follow firm policies and industry regulations.”

The Year in ERISA Litigation

As have previous years, 2019 brought major settlements and decisions in retirement-plan focused litigation, including some precedent-setting appellate and Supreme Court decisions.