Sixth Circuit: 401(k) Plan Fiduciaries Did Not Breach Duties by Offering Actively Managed Mutual Funds
Sixth Circuit: 401(k) Plan Fiduciaries Did Not Breach Duties by Offering Actively Managed Mutual Funds
In Smith v. CommonSpirit Health, No. 21-5964, __F.4th__, 2022 WL 2207557 (6th Cir. June 21, 2022), Plaintiff-Appellant Yosaun Smith, on behalf of herself and other 401(k) plan participants, brought an…
Third Circuit Affirms Class Certification: Named Plaintiffs Have Standing to Bring Claims for Plan Funds in Which They Did Not Personally Invest
Boley v. Universal Health Servs., Inc., No. 21-2014, __F.4th__, 2022 WL 1768984 (3d Cir. June 1, 2022) is a matter involving ERISA breach of fiduciary duty claims against the fiduciaries…
Sixth Circuit Finds ERISA Section 502(a)(2) Claims Not Subject to Arbitration Provision in Employment Agreement
In Hawkins v. Cintas Corp., No. 21-3156, __F.4th__, 2022 WL 1236954 (6th Cir. Apr. 27, 2022), a case involving issues of first impression for the Sixth Circuit Court of Appeals,…
Ninth Circuit Revives ERISA Excessive Fees Suit Against Trader Joe’s Company
Just a week after reviving ERISA breach of fiduciary duty claims against Salesforce, the Ninth Circuit revived an excessive fees case against Trader Joe's Company in Kong, et al. v.…
Sixth Circuit Revives Breach of Fiduciary Duty Claim Against Wal-Mart for Alleged Mishandling of Insurance Plan Assets
The Sixth Circuit Court of Appeals recently decided, Chelf v. Prudential Ins. Co. of Am., No. 20-6097, __F.4th__, 2022 WL 1090168 (6th Cir. Apr. 12, 2022), which revived a breach…
Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Against Salesforce for 401(k) Plan Investments
In Davis, et al. v. Salesforce.com, Inc., et al., No. 21-15867, 2022 WL 1055557 (9th Cir. Apr. 8, 2022), Plaintiffs-Appellants alleged that Defendants breached their ERISA duty of prudence with…
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