Eighth Circuit Vacates 177 Arbitration Awards Against DST Systems Due to Lack of Subject Matter Jurisdiction
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…
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,…
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…
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”)…
Third Circuit: ESOP Plaintiffs Failed to Meet High Pleading Standard for ERISA Breach of Prudence Claim Based on Inside Information
Since the Supreme Court decided Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. 409 (2014), it has been difficult for participants in employee stock ownership plans (ESOPs) to adequately allege a…
Eighth Circuit: Principal Life Insurance Company Did Not Breach ERISA Fiduciary Duties with Its Stable Value Contract for 401(k) Plans
The Eighth Circuit Court of Appeals recently decided Rozo v. Principal Life Ins. Co., No. 21-2026, __F.4th__, 2022 WL 4005339 (8th Cir. Sept. 2, 2022) on the case's second trip…
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