Recently, the United States District Court for the Western District of Pennsylvania granted a Motion to Dismiss, dismissing ERISA breach of fiduciary duty claims based on excessive recordkeeping fee allegations. The district court addressed the level of detail plaintiffs must
ERISA Litigation Advisor
News and Insights on the latest ERISA litigation trends for employers
The ERISA Litigation Advisor blog, published by Jackson Lewis P.C., focuses on legal developments and litigation trends related to the Employee Retirement Income Security Act (ERISA). It covers topics such as fiduciary duties, excessive fee litigation, forfeiture disputes, health plan fee challenges, and prohibited transaction claims. The blog analyzes court decisions, circuit splits, and Supreme Court activity affecting ERISA class actions and fiduciary breach claims. It also addresses practical implications for plan sponsors and fiduciaries, including compliance strategies and risk management in retirement and health benefit plans.
Latest from ERISA Litigation Advisor - Page 7
Seventh Circuit Revives State Law Claims Against Executives Acting As “Dual-Hat” Fiduciaries
The Seventh Circuit ruled recently that ERISA does not preempt certain state law claims against directors and officers because ERISA’s text and purpose contemplate parallel corporate state-law liability against executives who act as “dual hat” fiduciaries.
In Halperin v. Richards,…
Successor Liability Claims Found Insufficient to Establish Federal Question Jurisdiction
As a general rule, an asset purchaser does not assume the seller’s liabilities, including its ERISA obligations. Courts, however, have formulated an exception to this general rule via the doctrine of successor liability. Successor liability is an equitable doctrine requiring…
Fifth Circuit: Plan Participants Lacked Standing to Bring ERISA Fiduciary Breach Claims
American Airlines, Inc. and its affiliated credit union recently defeated an appeal challenging a low-yield investment option in the airline’s 401(k) plan when the Fifth Circuit ruled that the plan participants lacked Article III standing to bring their ERISA claims.…
Plaintiff Lacks Standing to Challenge Retirement Plan Investment Options and Fees
On July 16, 2021, the District Court for the Western District of Wisconsin dismissed without prejudice four ERISA claims brought by a former employee alleging mismanagement of Infinity’s defined-contribution 401(k) plan. Plaintiff’s two Fair Labor Standards Act claims were not…
Supreme Court Will Hear Case Challenging Retirement Plan Investment and Recordkeeper Fees
The Supreme Court recently granted the writ of certiorari requested by Northwestern University retirement plan participants, following the Solicitor General’s plea for the Court to hear the case. Hughes v. Northwestern Univ., No. 19-1401, 2021 U.S. LEXIS 3583 (July 2,…
Predecessor Employer Defeats Proposed Class Action Challenging Spin Off’s Decision to Cut Benefits
In Bellon v. PPG Emp. Life & Other Benefits Plan, PPG Industries, Inc. & the PPG Plan Administrator, the Northern District of West Virginia recently addressed whether a predecessor company may be held liable for a decision made by its…
ERISA 401(k) Performance and Fee Litigation Dismissed for Failure to Provide Comparable Benchmark
The District Court for the Southern District of Iowa recently dismissed an ERISA putative class action lawsuit challenging 401(k) performance and fees after plan participants failed to identify appropriate benchmarks in their complaint.
The court reinforced the Eighth Circuit’s standards…
Butch Lewis Brings No Good News for Contributing Employers
In the clamor that surrounded the current administration’s adoption of the American Rescue Act of 2021 (ARPA), quietly tucked in as Subtitle H is the Butch Lewis Emergency Pension Plan Relief Act of 2021 (Butch Lewis). Butch Lewis has been…
Tenth Circuit Affirms Damages Based on Revenue Credit, and Makes Clear That Arms-Length Service Agreements Without Evidence of A Prior Relationship Are Not Prohibited Transactions
On appeal following a bench trial of claims brought by a class of participants and beneficiaries of a 401(k) plan, the Tenth Circuit affirmed the decision of the District of Colorado calculating damages and prejudgment interest, denying injunctive relief, and…