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ERISA Litigation Advisor Blog

Articles: 1-10 of 22

Motion for Class Certification Denied: Plaintiff Who Released ERISA Claims Deemed Unfit to Lead Class

USA - October 12 2021 Can a former employee serve as a class representative for ERISA claims when she has signed a general release agreement and has waived her right to…

Ohio District Court Dismisses ERISA 401(k) Performance and Fee Putative Class Action

USA - October 5 2021 The District Court for the Southern District of Ohio recently dismissed an ERISA putative class action lawsuit asserting fiduciary duty claims based…

401(k) Fee Class Action Against Oshkosh Corporation Dismissed with Prejudice

USA - September 21 2021 Recently, the United States District Court for the Eastern District of Wisconsin granted a Motion to Dismiss, dismissing ERISA breach of fiduciary…

Second Circuit Revives Share-Class Claim in NYU Retirement Plan Class Action

USA - September 13 2021 In Sacerdote v. New York University, a class of university employees who participated in Defendant’s 403(b) plans brought ERISA breach of fiduciary…

Third Circuit Upholds Withdrawal Liability Arbitral Award Under MPPAA’s Evade or Avoid Provision

USA - September 8 2021 Under the provisions of the Employee Retirement Income Security Act (“ERISA”) as modified by the Multiemployer Pension Plan Amendments Act of 1980…

United States District Court Dismisses 401(k) Plan Recordkeeper Fee Complaint

USA - August 16 2021 Recently, the United States District Court for the Western District of Pennsylvania granted a Motion to Dismiss, dismissing ERISA breach of fiduciary…

Seventh Circuit revives state law claims against executives acting as “dual-hat” fiduciaries

USA - August 9 2021 The Seventh Circuit ruled recently that ERISA does not preempt certain state law claims against directors and officers because ERISA’s text and…

Successor Liability Claims Found Insufficient to Establish Federal Question Jurisdiction

USA - July 30 2021 As a general rule, an asset purchaser does not assume the seller’s liabilities, including its ERISA obligations. Courts, however, have formulated an…

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)…

Plaintiff Lacks Standing to Challenge Retirement Plan Investment Options and Fees

USA - July 26 2021 On July 16, 2021, the District Court for the Western District of Wisconsin dismissed without prejudice four ERISA claims brought by a former employee…