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Parties, start your engines: Snap removals and defeating incomplete diversity

USA - July 27 2021 In what is known as a “snap” removal, a non-resident defendant may be able to remove a state court case to federal court based on diversity…

Katelyn W. Harrell.

ERISA 401(k) Performance and Fee Litigation Dismissed for Failure to Provide Comparable Benchmark

USA - July 13 2021 The District Court for the Southern District of Iowa recently dismissed an ERISA putative class action lawsuit challenging 401(k) performance and…

Administrative Exhaustion Is Required Even When Not Mentioned in Plan

USA - June 4 2021 The Eastern District of Missouri recently examined whether administrative exhaustion is a prerequisite to an ERISA suit alleging a wrongful denial of…

Michael C. Mohler.

U.S. Bancorp Defeats Class Certification in Challenge to Early Retirement Benefits

USA - June 1 2021 The District Court of Minnesota declined to certify a class of pensioners seeking to challenge their plan’s early retirement calculations. ERISA…

Juan C. Obregon.

Third Circuit to Consider Class Certification Issues Percolating in ERISA Fee Litigation

USA - May 24 2021 The Third Circuit will review a Pennsylvania district court’s decision to certify a 60,000+ person class in an ERISA fiduciary breach lawsuit…

Lindsey H. Chopin.