Tag: Participant Lawsuits

The text of the decision to grant class certification, while only representing an interim step in this ERISA challenge, offers important insight into what it takes to prove...

Similar to the settlement agreement regarding the Ascension plan, the agreement includes provisions that mimic the provisions of ERISA.

The case is a consolidation of two lawsuits alleging BB&T breached ERISA by favoring its own proprietary investment options and recordkeeping services in its retirement plans at the...

A federal district court judge only moved forward certain claims of breaches of fiduciary duty of prudence under the Employee Retirement Income Security Act (ERISA).

The complaint suggests the companies engaged in “Tammany-like” collusion to steer assets into more favorable investments; both providers have issued strong denials and requests for summary judgement. 

The complaint suggests plan officials ceded discretion to a provider to add any mutual fund it wished, “regardless of whether the funds were duplicative of other options, had...

The lawsuit accuses a number of major banks of improper collusion to protect their shares of the securities lending marketplace. 

Participants successfully challenged Foot Locker’s determination of benefit accruals after the conversion of a traditional pension plan into a cash balance arrangement. 

After a trip through the 9th Circuit and the U.S. Supreme Court, the case of Tibble vs. Edison has received another ruling in the district court where it...

The judge noted that stock must be purchased at an inflated price and sold at a loss for an economic injury to occur.

As with the lawsuit filed in July, the new complaint says the defendants breached their ERISA fiduciary by retaining the company stock fund as an investment option under...

Plaintiffs are challenging the way Prudential sets returns and fees within stable value contracts offered to ERISA plans. 

A court shot down several actions plaintiffs suggested Target could have taken when it knew or should have known its stock price was artificially inflated.

A federal court judge found American Century defendants have not shown producing the profitability, expense and performance reports would be unduly burdensome or disproportional to the needs of...

Elite retirement plan advisers are using new and proven tactics to meet the growing demands of plan sponsors in an evolving industry. 

A federal district court ordered a profit-sharing plan trustee to sell personal real estate to meet restitution requirements, after the trustee failed to ensure proper diversification and liquidity...

The complaint offers alternative actions Sears could have taken once it realized its stock was an imprudent retirement plan investment.

A Department of Labor investigation found evidence that $5 million, including retirement plan assets covered by ERISA, was inappropriately diverted and used to pay various business and personal...

The complaint alleges fiduciary breaches of ERISA with regards to MFS offering its proprietary funds in its 401(k) plans.