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Ninth Circuit Affirms Dismissal of ERISA Suit Against Boeing Alleging Wrongful Distribution of Investment Plan Account

Ninth Circuit Affirms Dismissal of ERISA Suit Against Boeing Alleging Wrongful Distribution of Investment Plan Account

In Kopelev v. The Boeing Company, et al., No. 21-55937, 2022 WL 17547807 (9th Cir. Dec. 9, 2022), Plaintiff Galina Kopelev sued the Boeing Company Voluntary Investment Plan seeking equitable relief…

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Second Circuit Vacates ERISA Class Certification in Suit Alleging Prohibited Transaction Violations Against TIAA

Haley v. Tchrs. Ins. & Annuity Ass’n of Am., No. 21-805, __F.4th__, 2022 WL 17347244 (2d Cir. Dec. 1, 2022) (Before: Newman, Walker, and Sullivan, Circuit Judges). In this interlocutory…

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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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Second Circuit Affirms Dismissal of ESOP Prohibited Transaction Lawsuit for Lack of Standing

In Plutzer v. Bankers Trust Company of South Dakota, et al., No. 22-561-CV, 2022 WL 17086483 (2d Cir. Nov. 21, 2022), Plaintiff-Appellant Edward Plutzer, on behalf of the Tharanco Group,…

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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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