Employees have now filed two separate 401(k) lawsuits against UnitedHealth Group (UHG), claiming that the company misused forfeited 401(k) funds from employees to reduce employer contributions into the plan. First, employees sued UHG in Kotalik et al. v. UnitedHealth Group
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Significant 2025 ERISA Decisions for Benefits Attorneys
Various courts, including the U.S. Supreme Court, have decided cases involving the Employment Retirement Income Security Act (ERISA) so far this year. These decisions include the Supreme Court’s unanimous resurrection of an alleged retirement fund mismanagement case against Cornell University…
DOL Rescinds 2022 Guidance Directed to 401(k) Plan Fiduciaries Investing in Cryptocurrency
The U.S. Department of Labor (DOL) recently issued Compliance Assistance Release No. 2025-01. This release rescinds the DOL’s 2022 compliance assistance release concerning investments in cryptocurrency by 401(k) plan fiduciaries.
In its 2022 release, the DOL outlined its concerns…
Ritchie Trucking ESOP Case Settles for $1.9 Million
Ritchie Trucking Service Inc. has reached a $1.9 million settlement in a class action suit with participants in its employee stock ownership plan (ESOP). Plan participants had filed suit against Ritchie in the U.S. District Court for the Eastern District…
Federal Parity Enforcement Freeze Results in Uncertainty for Benefits Attorneys
The Trump administration’s U.S. Departments of Labor (DOL), Treasury, and Health and Human Services (HHS) recently announced that it would no longer enforce regulations requiring employer health plans to analyze and compare behavioral healthcare with physical healthcare coverage. Along with…
Arbitration Provision at Issue in Ninth Circuit Appeal of ERISA 401(k) Suit
The Capital Group Companies Inc. is arguing for enforcement of an arbitration provision in its 401(k) plan on appeal before the U.S. Circuit Court for the Ninth Circuit. The company claims that the lower court erred in refusing to enforce…
Prudential Defends Lower Court Win in 401(k) Suit on Appeal
Prudential Insurance Co. of America recently filed an appellate brief with the U.S. Court of Appeals for the Third Circuit, arguing that the lower federal district court correctly granted summary judgment in a class action lawsuit. Plaintiff workers have appealed…
Pest Company Moves to Dismiss Workers’ Tobacco Fee Class Action
Rentokil, a United Kingdom-based pest control company, moved to dismiss a proposed class action suit alleging it charged tobacco users more for health benefits than non-tobacco users without providing a reasonable way to avoid the surcharges. In support of its…
Bed Bath & Beyond Reaches $1.95M ERISA Settlement in Proposed Class Action
Bed Bath & Beyond’s 401(k) committee has obtained preliminary court approval of its $1.95 million settlement of a class action lawsuit under the Employee Retirement Income Security Act (ERISA). The plan participants had accused the company of mismanaging its retirement…
Federal Court Denies Monster Beverage’s Motion to Dismiss 401(k) Fee Suit
A California federal district court judge has denied Monster Beverage Corp.’s motion to dismiss a proposed class action in which Monster employees claim that their employer violated its fiduciary duties in failing to properly monitor Transamerica Retirement Solutions, the third-party…