Second Circuit Affirms Dismissal of ERISA Breach of Fiduciary Duty Claims Alleging Excessive Recordkeeping Fees
Second Circuit Affirms Dismissal of ERISA Breach of Fiduciary Duty Claims Alleging Excessive Recordkeeping Fees
In a recent decision by the United States Court of Appeals for the Second Circuit, the case of Singh v. Deloitte LLP, No. 23-1108, __F.4th__, 2024 WL 5049345 (2d Cir.…
Eleventh Circuit Holds Defined Contribution Plans Are Not Entitled to the Benefit from Foreign Tax Credits
In Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366, 2024 WL 4614701 (11th Cir. Oct. 30, 2024), a matter of first impression, the Eleventh Circuit considered whether ERISA’s…
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…
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