9th Circuit Questions Meaning of ‘Actual Knowledge’ for ERISA Statute of Limitations
The appellate court sent a case over Intel's use of alternative investments in its target-date funds back to a lower...
Tag: Fiduciary
Stock-Drop Lawsuit Targeting IBM Revived and Remanded
An appellate court has taken the rare step of overturning a successful motion to dismiss a stock drop lawsuit targeting...
Lawsuit Argues MetLife Pension Calculations Use Outdated Mortality Table
A newly filed complaint takes issue with the way MetLife calculates the actuarial equivalence of different types of annuity benefit...
More Diverse ERISA Litigation Expected in 2019
Reflecting on lessons learned this year, Jamie Fleckner, partner at Goodwin Procter, says cases still are growing more diverse in...
$24M Settlement Proposed By Parties in BB&T Self-Dealing ERISA Litigation
The long-running litigation appears to be heading for a mediated conclusion, after a contentious discovery process that produced over 260,000...
Stakeholders Say Auto-Portability Complements Modern Plan Design
Jana Steele, senior vice president and researcher for Callan, says auto-portability is the next natural extension of highly successful plan...
Retirement Plan ERISA Litigation Trends Still Heating Up
It has only been about a year and a half since large U.S. universities became the target of ERISA lawsuits,...
District Court Returns Mixed Ruling for AT&T ERISA Lawsuit
In a mixed ruling, the court again leaves room for re-pleading of the plaintiffs’ failed arguments, making the filing of...
EBSA Secures ERISA Settlement from Neuroscience Center
The plan’s sole fiduciary and trustee has agreed to restore pension assets that, according to an EBSA investigation, were improperly...
District Court Soundly Dismisses Washington University 403(b) Lawsuit
The court holds that bundling services or revenue sharing are common and acceptable investment industry practices that frequently inure to...
Court Deems Principal Not a Fiduciary in Lawsuit Over GICs
The court granted the Principal defendants’ motion for summary judgment on all counts in a case questioning guaranteed investment contract...
ERISA Section 404(c): Back to Basics
To be 404(c) compliant, a plan must offer a broad range of investment options and make it possible for participants...
Business Owner Gets Prison for Benefit Plan Embezzlement
A DOL investigation found the business owner used benefit plan contributions for corporate and personal expenses.
Plaintiff Again Fails to Prove Standing in Voya Stable Value Challenge
Voya successfully moved to dismiss the amended claims under Rule 12(b)(6), arguing that the claims should be dismissed because they...
‘Sua Sponte’ Leave Granted to Amend Pioneer Money Market Complaint
The new ruling in Barrett vs. Pioneer does little to resolve the fundamental issues at hand, offering some points of victory...
ERIC Calls Foul in DOL’s Missing Participant Push
In an open letter asking for more detailed guidance, the ERISA Industry Committee spells out what it says are “examples...
‘Prudence’ and ‘Loyalty’ Feature in Second Rejection of Wells Fargo Stock Drop Suit
While they won the day, defendants unsuccessfully argued that the Dudenhoeffer pleading standards should be applied not only to prudence claims, but...
ERISA Lawsuit Targeting AT&T and Multiple Providers Dismissed
The court’s decision, which leaves room for an amended complaint, is based on questions of timeliness and a lack of...
Independent Contractors’ ERISA Lawsuit Fails to State Actionable Claim
The dispositive question is not whether the claimants were employees but whether, considering them as employees, they were eligible to...
Rainbow ESOP Lawsuit Easily Clears Early Motions
The text of the decision includes lengthy discussion of all 14 counts of ERISA fiduciary breaches, and why each is...