Fifth Circuit Revives ERISA Imprudence Lawsuit Over Investments and Recordkeeping Fees
Fifth Circuit Revives ERISA Imprudence Lawsuit Over Investments and Recordkeeping Fees
In Perkins v. United Surgical Partners International, Inc., et al., No. 23-10375, 2024 WL 1574342 (5th Cir. Apr. 11, 2024), Plaintiffs are participants of a defined contribution plan established by…
In Matter of First Impression, Second Circuit Adopts Pleading Standard for Prohibited Transaction Claims under ERISA
In Cunningham v. Cornell Univ., No. 21-114-CV, __F.4th__, 2023 WL 7504142 (2d Cir. Nov. 14, 2023), the Second Circuit decided a matter of first impression in one of several similarly…
Tenth Circuit Adopts Eighth Circuit Pleading Standard for ERISA Breach of Fiduciary Cases Alleging Imprudent Investments
In Matney v. Barrick Gold of N. Am., No. 22-4045, __F.4th__, 2023 WL 5731996 (10th Cir. Sept. 6, 2023), a putative class action against Barrick Gold of North America, its Board,…
Ninth Circuit Affirms Dismissal of ERISA Suit Against Boeing Alleging Wrongful Distribution of Investment Plan Account
In Kopelev v. The Boeing Company, et al., No. 21-55937, 2022 WL 17547807 (9th Cir. Dec. 9, 2022), Plaintiff Galina Kopelev sued the Boeing Company Voluntary Investment Plan seeking equitable relief…
Second Circuit Vacates ERISA Class Certification in Suit Alleging Prohibited Transaction Violations Against TIAA
Haley v. Tchrs. Ins. & Annuity Ass’n of Am., No. 21-805, __F.4th__, 2022 WL 17347244 (2d Cir. Dec. 1, 2022) (Before: Newman, Walker, and Sullivan, Circuit Judges). In this interlocutory…
Eighth Circuit Vacates 177 Arbitration Awards Against DST Systems Due to Lack of Subject Matter Jurisdiction
In Hursh v. DST Sys., Inc., No. 21-3554+, __F.4th__, 2022 WL 17246315 (8th Cir. Nov. 28, 2022), the Eighth Circuit considered 177 consolidated appeals brought by Plaintiffs who were participants…
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