Sixth Circuit Finds ERISA Plan Arbitration Clause Unenforceable Because It Precludes Representative Actions
Sixth Circuit Finds ERISA Plan Arbitration Clause Unenforceable Because It Precludes Representative Actions
Plaintiff-Appellant Bradley Fleming was frustrated in his attempt to hold the fiduciaries of his former company’s 401(k) Plan liable for alleged breaches of their ERISA fiduciary duties because the Plan…
Eighth Circuit Upholds Dismissal of ERISA Lawsuit Alleging Excessive Recordkeeping Fees
In Barrett v. O’Reilly Auto., Inc., No. 23-2501, __F.4th__, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before: Benton, Arnold, and Stras, Circuit Judges), the Eighth Circuit affirmed the district…
Sixth Circuit Holds ERISA Retirement Plan’s Individual Arbitration Provisions Are Invalid
In Parker v. Tenneco, Inc., No. 23-1857, __F.4th__, 2024 WL 3873409 (6th Cir. Aug. 20, 2024), Plaintiffs-Appellees are participants in 401(k) Plans administered by Tenneco Inc., the parent company of…
In ERISA Class Action, Eleventh Circuit Affirms Decision that Home Depot 401(k) Plan Participants Did Not Carry Their Burden of Proof for Fiduciary Breach Claims
In Pizarro, et al. v. The Home Depot, Inc., et al., No. 22-13643, __F.4th__, 2024 WL 3633379 (11th Cir. Aug. 2, 2024), Plaintiffs, a class of current and former Home…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim in Putative Class Action Challenging Decision to Invest in Volatile Hedge Funds
In Johnson, et al. v. Carpenters of Western Washington Board of Trustees, et al., No. 23-35370, 2024 WL 3579492 (9th Cir. July 30, 2024) (Before: Friedland, Mendoza, and Desai, Circuit…
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In Kruchten v. Ricoh USA, Inc., et al., No. 23-1928, 2024 WL 3518308 (3d Cir. July 24, 2024), a nonprecedential opinion, the Third Circuit reversed the district court’s dismissal of…
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