Seventh Circuit: Independent Investment Fiduciary Shields ESOP Fiduciaries from Liability for Investment in Company Stock
Seventh Circuit: Independent Investment Fiduciary Shields ESOP Fiduciaries from Liability for Investment in Company Stock
Burke v. Boeing Co., No. 20-3389, __F.4th__, 2022 WL 3030835 (7th Cir. Aug. 1, 2022) involves a lawsuit that seeks to hold fiduciaries of the Boeing Voluntary Investment Plan (the…
Ninth Circuit Holds ERISA Health Plan’s Self-Help Provision Is Enforceable
The Ninth Circuit Court of Appeals recently decided Mull v. Motion Picture Indus. Health Plan, No. 20-56315, __F.4th__, 2022 WL 2912475 (9th Cir. July 25, 2022). This matter involves a…
Sixth Circuit Revives 401(k) Mismanagement Claim Against TriHealth
In Forman v. TriHealth, Inc., No. 21-3977, __F.4th__, 2022 WL 2708993 (6th Cir. July 13, 2022), a putative ERISA class action brought by participants of TriHealth Inc.’s 401(k) plan, the…
In Matter of First Impression, Eleventh Circuit Holds ERISA Beneficiary Can Recover Monetary Benefits Lost Due to a Breach of Fiduciary Duty
In Gimeno v. NCHMD, Inc., NCH Healthcare System, Inc., No. 21-11833, __F.4th__, 2022 WL 2309436 (11th Cir. June 28, 2022), a matter of first impression, the Eleventh Circuit considered whether Section…
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…
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