Ninth Circuit Upholds Dismissal of ERISA Fiduciary Breach Claims Against Genentech
Ninth Circuit Upholds Dismissal of ERISA Fiduciary Breach Claims Against Genentech
In Wehner v. Genentech, Inc., No. 24-2630, 2025 WL 2505672 (9th Cir. Sept. 2, 2025), the Ninth Circuit affirmed the dismissal of ERISA claims brought by a former Genentech employee…
Second Circuit Narrows ERISA Fiduciary Mismanagement Claims But Revives Prohibited Transaction Theory
In Collins v. Ne. Grocery, Inc., No. 24-2339-CV, 2025 WL 2383710 (2d Cir. Aug. 18, 2025), the Second Circuit addressed a wide-ranging challenge brought by participants in the Northeast Grocery…
Second Circuit Clarifies Article III Standing for ERISA 401(k) Mismanagement Claims
In Collins v. Ne. Grocery, Inc., No. 24-2339-CV, ---F.4th----, 2025 WL 2382948 (2d Cir. Aug. 18, 2025), the Second Circuit addressed the recurring question of when participants in a defined…
Ninth Circuit Affirms Dismissal of ERISA Breach of Fiduciary Duty Claims Against Intel
In Anderson v. Intel Corp. Inv. Pol’y Comm., No. 22-16268, ---F.4th----, 2025 WL 1463295 (9th Cir. May 22, 2025), Plaintiff Winston Anderson, on behalf of a putative class, alleged that…
Eleventh Circuit Holds Defined Contribution Plans Are Not Entitled to the Benefit from Foreign Tax Credits
In Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366, 2024 WL 4614701 (11th Cir. Oct. 30, 2024), a matter of first impression, the Eleventh Circuit considered whether ERISA’s…
Third Circuit Revives Excessive Fee Litigation, Finding Plaintiffs Adequately Allege Violation of ERISA Fiduciary Duties
In Kruchten v. Ricoh USA, Inc., et al., No. 23-1928, 2024 WL 3518308 (3d Cir. July 24, 2024), a nonprecedential opinion, the Third Circuit reversed the district court’s dismissal of…
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