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Eighth Circuit Vacates 177 Arbitration Awards Against DST Systems Due to Lack of Subject Matter Jurisdiction

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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Eighth Circuit Affirms Dismissal of Claims Alleging Energy Company Mismanaged Its 401(k) Plan

In Matousek v. MidAmerican Energy Co., No. 21-2749, __F.4th__, 2022 WL 6880771 (8th Cir. Oct. 12, 2022), Plaintiffs-Appellants are participants in MidAmerican Energy Company’s 401(k) Plan. They allege that the…

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Fifth Circuit Denies Intervenors in ERISA Class Action Lawsuit Seeking Reformation of Cash Balance Plan

Guenther v. BP Ret. Accumulation Plan, No. 21-20617, __F.4th__, 2022 WL 5350106 (5th Cir. Oct. 7, 2022) involves two separately filed lawsuits on behalf of Standard Oil of Ohio (“Sohio”)…

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Eighth Circuit: Principal Life Insurance Company Did Not Breach ERISA Fiduciary Duties with Its Stable Value Contract for 401(k) Plans

The Eighth Circuit Court of Appeals recently decided Rozo v. Principal Life Ins. Co., No. 21-2026, __F.4th__, 2022 WL 4005339 (8th Cir. Sept. 2, 2022) on the case's second trip…

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Seventh Circuit Upholds Dismissal of ERISA Claims Against Oshkosh Corporation for Alleged Mismanagement of Retirement Plan

Albert v. Oshkosh Corp., No. 21-2789, __F.4th__, 2022 WL 3714638 (7th Cir. Aug. 29, 2022) involves several ERISA claims brought by Andrew Albert against his former employer, a subsidiary of…

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Second Circuit Holds Government Can Garnish ERISA-protected 401(k) Accounts for Restitution under MVRA

In United States v. Shkreli, No. 21-993, __F.4th__, 2022 WL 3640279 (2d Cir. Aug. 24, 2022), Defendant-Appellant Evan Greebel, co-conspirator of Martin Shkreli, was ordered to pay over ten million…

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