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Third Circuit: ESOP Plaintiffs Failed to Meet High Pleading Standard for ERISA Breach of Prudence Claim Based on Inside Information

Third Circuit: ESOP Plaintiffs Failed to Meet High Pleading Standard for ERISA Breach of Prudence Claim Based on Inside Information

Since the Supreme Court decided Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), it has been difficult for participants in employee stock ownership plans (ESOPs) to adequately allege a…

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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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Eighth Circuit Holds ERISA Does Not Preempt State Law Claims Against Recipient of ERISA Benefits

Gelschus v. Hogen, No. 21-3453, __F.4th__, 2022 WL 3712312 (8th Cir. Aug. 29, 2022) involves a scenario which occurs more often than it should: a couple divorces, they agree to…

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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 Sides with Benefits Fund in Dispute with Employer over Scope of Payroll Audit

New York State Nurses Ass’n Benefits Fund Through Buchanan v. Nyack Hosp., No. 20-378, __F.4th__, 2022 WL 3569296 (2d Cir. Aug. 19, 2022) involves a dispute between an employer, Nyack Hospital,…

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Seventh Circuit: Independent Investment Fiduciary Shields ESOP Fiduciaries from Liability for Investment in Company Stock

Burke v. Boeing Co., No. 20-3389, __F.4th__, 2022 WL 3030835 (7th Cir. Aug. 1, 2022) involves a lawsuit that seeks to hold fiduciaries of the Boeing Voluntary Investment Plan (the…

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