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 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In Kruchten v. Ricoh USA, Inc., et al., No. 23-1928, 2024 WL 3518308 (3d Cir. July 24, 2024), a nonprecedential opinion, the Third Circuit reversed the district court’s dismissal of…
Fifth Circuit Permits Class Action to Proceed in ERISA Lawsuit Alleging Mismanagement of Benefit Plans
The Fifth Circuit Court of Appeals recently decided Chavez v. Plan Benefit Servs., Inc., No. 22-50368, __F.4th__, 2024 WL 3409147 (5th Cir. July 15, 2024). This case is a class…
Eighth Circuit Affirms Dismissal of Putative Class Action Challenging United’s Cross-Plan Offsetting due to Lack of Article III Standing
Smith v. UnitedHealth Grp. Inc., No. 23-2369, __F.4th__, 2024 WL 3321646 (8th Cir. July 8, 2024) (Before: Colloton, Chief Judge, Erickson and Kobes, Circuit Judges). Plaintiffs, who are participants in…
Third Circuit Revives Excessive Fee Litigation Against ERISA Retirement Plan Fiduciaries
Mator v. Wesco Distribution, Inc., No. 22-2552, __F.4th__, 2024 WL 2198120 (3d Cir. May 16, 2024) (Before: Hardiman, Porter, and Fisher, Circuit Judges). Plaintiffs-Appellants Nancy and Robert Mator brought an…
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