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Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

USA - June 30 2022 The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned…

Darran E. St. Ange, Michael E. Holzapfel

New York Federal District Court Dismisses 401(k) Fee Class Action

USA - April 18 2022 A New York district court recently dismissed, without prejudice, a 401(k) plan participant’s putative class action complaint alleging breaches of…

Blaine A. Veldhuis

Supreme Court Vacates Seventh Circuit Decision in Fee Case, But Reiterates Rigorous Pleading Standard Applies

USA - January 25 2022 Yesterday, the Supreme Court issued its unanimous decision in Hughes v. Northwestern University, No. 19-1401, just one of more than 150 similar class…

Phillip C. Thompson

Supreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee Cases

USA - December 6 2021 Today, the Supreme Court heard oral arguments in Hughes v. Northwestern University, No. 19-1401, just one of about 150 similar class action suits…

Phillip C. Thompson

Fifth Circuit: Plan Participants Lacked Standing to Bring ERISA Fiduciary Breach Claims

USA - July 29 2021 American Airlines, Inc. and its affiliated credit union recently defeated an appeal challenging a low-yield investment option in the airline’s 401(k)…

James Wayne Barnett