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Second Circuit Upholds Dismissal of Breach of Fiduciary Duty Claims Against General Electric for Failing to Meet Dudenhoeffer Pleading Standard.

Second Circuit Upholds Dismissal of Breach of Fiduciary Duty Claims Against General Electric for Failing to Meet Dudenhoeffer Pleading Standard.

Varga v. General Electric Company, et al., No. 20-1144-CV, __F.App’x__, 2021 WL 391602 (2d Cir. Feb. 4, 2021) (Kearse, Pooler, Lynch, Circuit Judges). The Second Circuit considered an appeal brought…

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Your ERISA Watch – Another One Bites the Dust:  Fifth Circuit Rules that Putative Class Action Fails to Meet Dudenhoeffer Standard

In what was conservatively good news for plan participants, the U.S. Supreme Court in Fifth Third Bancorp v. Dudenhoeffer, 134 S. Ct. 2459, 189 L. Ed. 2d 457 (2014) held…

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ERISA Watch – Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption

This week’s notable decision is from the land of ERISA preemption:  Allied Constr. Indus. v. City of Cincinnati, No. 16-4248, __F.3d__, 2018 WL 283775 (6th Cir. Jan. 4, 2018).  The…

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ERISA Watch – Court Certifies Class Action Against Citigroup 401(k) Plan Fiduciaries For Alleged Violations of Self-Dealing and Imprudent Conduct

This week’s notable decision is a class certification decision in Leber v. The Citigroup 401(k) Plan Investment Committee, et al, No. 07-CV-9329 (SHS), __F.R.D.__, 2017 WL 5664850 (S.D.N.Y. Nov. 27,…

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ERISA Watch – Eleventh Circuit Holds That ERISA’s Six-Year Statute of Repose Is Waivable

This week’s notable decision is Sec’y, U.S. Dep’t of Labor v. Preston, No. 17-10833, __F.3d__, 2017 WL 4545962 (11th Cir. Oct. 12, 2017), a colorful opinion penned by Circuit Judge…

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ERISA Watch – Class-Wide Equitable Relief May Be Awarded Absent Individualized Proof of Detrimental Reliance

This week’s notable decision is a good one on the current state of ERISA remedies.  In Osberg v. Foot Locker, Inc., Foot Locker Retirement Plan, No. 15-3602-CV, __F.3d__, 2017 WL…

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